Search: self-defense
23 Aug Symposium on The Sentimental Life of International Law: On Intimacy and Distance
...foundation of distance – and yet at the same time a constant invocation of virtuous life-saving possibilities. As David Kennedy, Janet Halley, and others have suggested, this contradiction produces a systematic failure to assess the distributional consequences of humanitarian work: the virtue of the work is meant to override the violence it produces. Yet the self-conscious integration of consequences, Simpson suggests, can also lead to cynical self-presentation. His own experience with this, he says, was a paper he gave in 2002 focusing on the “misuse” of international law in the...24 Feb Self-Execution Beyond Treaties
...Supremacy Clause, when there is no such right under the pertinent statute itself, would effect a complete end-run around this Court’s implied right of action and 42 U.S.C. § 1983 jurisprudence. We have emphasized that “where the text and structure of a statute provide no indication that Congress intends to create new individual rights, there is no basis for a private suit, whether under § 1983 or under an implied right of action.” This body of law would serve no purpose if a plaintiff could overcome the absence of a...17 Feb Guest Post Part I: The Chilcot Inquiry–The Publication Saga of an Official History
...of what international law means to a politician in government such as Jack Straw. We learn that there is a high degree of self-awareness as to the power – and latitude – afforded to state actors in international legal doctrine. This self-awareness appears to translate as authority to speak to what international law actually is, or could be as interpreted by such a state actor. In a sense, this gives a behind-the-scenes affirmation of what scholars and students of international law already superficially recognize as ‘custom’ formation. Here, we learn...30 Aug Why Do Treaties Create Private Rights of Action?
...even though the treaty was self-executing, and thus part of the supreme Law of the land, its provisions failed to overcome a standing presumption against private rights of action: To determine whether a treaty creates a cause of action, we look to its text. S ee United States v. Alvarez-Machain , 504 U.S. 655, 663 (1992) (“In construing a treaty, as in construing a statute, we first look to its terms to determine its meaning.”). The Treaty of Amity, like other treaties of its kind, is self-executing. See Medellín v....
11 Oct Rethinking International Law After Gaza BILC 2024: Summary and Declaration
...those displaced. Speakers emphasised the four main findings of the AO and their implications. First, the ICJ observes that Israel violates the ius cogens and erga omnes obligation to respect the right to self-determination for the Palestinian people as well as the obligation arising from the prohibition of the use of force to acquire territory. The ICJ underscores the obligation of all states to cooperate in ending Israel’s illegal occupation and ensuring the full realisation of Palestinian self-determination, including the territorial integrity of the OPT. The Court gives the task...
09 Aug Muddying the Waters: A Reply to Kay and Kern on the Statehood of Palestine and the ICC – Part II
...agreed to allow the PLO, their political representatives, to establish institutions to exercise self-governing powers in the West Bank and Gaza. This was pursuant to the Declaration of Principles (DoP), in which Israel and the PLO agreed that the aim of the negotiations was to establish a Palestinian Interim Self-Government Authority for the Palestinian people in the West Bank and the Gaza Strip, “for a transitional period not exceeding five years, leading to a permanent settlement based on Security Council Resolutions 242 and 338”. It was also agreed that the...
07 Mar Thou Shalt Not Distort the Language of International Law
...the purported “peace support functions” the shortest of their kind in history. On 22 February, President Putin signed the Federal Laws on the ratification of both treaties (see here and here). In accordance with Article 4 of both identical treaties, the Contracting Parties “shall provide each other with necessary, including military, assistance in the exercise of the right of individual or collective self-defence in accordance with Article 51 of the UN Charter”. “Self-Defence” In his televised address of 24 February 2022, President Putin mentioned “self-defence” as a justification for the...27 Mar International Week at SCOTUS: Will They Resolve the Self-Executing Treaty Puzzle?
...area of treaty law is messy for a variety of reasons that I won’t go into here. Suffice to say that there is substantial disagreement in the courts, and even more disagreement in the legal academy, as to how and whether to give a treaty self-executing effect. What the Supreme Court might (but probably won’t) do is clarify this very murky and fuzzy area of the law. Or, as is more likely, they may confuse matters even further. *For a defense of Scalia not recusing himself in Hamdan, see here....
01 Nov Conversation on WAR
...defend yourself. It can’t be that you can use as much force in self-defence that you think will be enough to finish them off forever, and they’ll never come back for 100 years. And because I’m acting in self-defence I can use as much force as I want. But that’s controversial. Some people seem to feel that once the conflict has started, and you have shown the necessity of self-defence, you can use as much force as you like within the rules of international humanitarian law, and that means that...24 Feb John Bellinger Comments on “International Law at Home”
...all treaties.) And the Supreme Court’s decision that the U.N. Charter is not self-executing, coming 63 years after its ratification, has sent State Department lawyers scrambling to determine how many other treaties might also not be self-executing. 3. Part III of the article — “How International Law Comes Home” — is an especially valuable and well-documented compendium of the different ways treaties are applied in U.S. courts. 4. Part IV of the article includes several practical suggestions for ensuring enforcement of treaties in U.S. courts. I agree that a Clear...