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Search: self-defense

13 Feb

...the rule by deciding, at the time of treaty negotiation or ratification, that a particular treaty provision is “non-self-executing” (NSE). In sum, the de facto Bricker Amendment converted the treaty supremacy rule from a mandatory to an optional rule by creating an exception for NSE treaties. The lawyers who invented the NSE exception to the treaty supremacy rule in the early 1950s claimed that they were merely following nineteenth century precedent. That claim was patently false. Before World War II, self-execution doctrine and treaty supremacy doctrine were independent, non-overlapping doctrines....
13.02.17 | |

20 Aug

prevent its rules from being broken, it can—precisely at the moment of violation—assert its continued relevance through persistent structures and institutional responses. This includes instances where legal language is not rejected but strategically appropriated through co-option— for example, when the vocabulary of self-defence, proportionality, or self-determination is deployed to justify uses of force that plainly exceed legal thresholds.  In such contexts, discursive maintenance does not resolve the underlying violation, but works to expose the dissonance by reaffirming legal baselines, challenging justificatory framings, and resisting the dilution of legal standards through...
20.08.25 | |

02 Aug

...of historical meaning is an all-or-nothing proposition, as Professor Spiro seems to imply. Although I’m not necessarily advocating the approach, I could imagine someone saying that historical meaning can be a starting point or a presumption, subject to overriding functional or practice-based modifications. Thus one could see a role for the book’s project in modern debates, without denying the relevance of other considerations. Professor Ku raises some interesting and somewhat related thoughts on self-executing treaties. I tend to agree with his policy preference for non-self-executing treaties, mostly for the reasons...
02.08.07 | |

12 Jan

...of self-defence of NATO members. This is confirmed by Article 7 NAT, which declares that the Treaty does not affect the rights and obligations of NATO members under the UN Charter, which includes their right of self-defence under Article 51 of the Charter. Accordingly, nothing in the NAT prevents Denmark and other NATO members from exercising the right of individual and collective self-defence against the US, whether they do so on an ad hoc basis or pursuant to Article 42(7) TEU. Moreover, NATO members have committed themselves in Article 1...
12.01.26 | |

03 Sep

...opportunities. Beyond the direct impact of being blacklisted on Canary Mission, there is every possibility that critical teaching on Palestine scuppers the development of ties between an academic’s institution and the prospective Israeli partners. Of course being labelled a troublemaker has implications for job security as well. Avoiding self-censorship and practical next steps Beyond the personal costs noted above, most damaging of all is the self-censorship or self-policing the threat of recording provokes. Academics and students who would otherwise feel empowered to proffer critical opinions may feel less inclined to...
03.09.20 | |

22 Apr

...recourse to international dispute settlement mechanisms, rather than forcible self-defence. Armed Attack and Self-Defence The jurisprudence of the International Court of Justice draws an important distinction between the “most grave forms of the use of force,” which qualify as armed attacks, and less grave violations that do not trigger the right of self-defence. In Military and Paramilitary Activities in and against Nicaragua, the Court suggested that providing training or logistical assistance to armed groups generally falls below the armed-attack threshold. If the allegations against Ethiopia concern only the construction of...
22.04.26 | |

13 Jul

...Japan relinquished sovereignty, but there is no transfer mechanism. Some argue Aquisitive Prescription (e.g. Goa) but that fails here as there is considerable objection to any Chinese claim to Taiwan, which precludes Aquisitive Prescription. US defense of Taiwan would not only be legal, but justice and consistent with US values. My concern is that Obama is such a weak president that the US might just sit on the sidelines. Guy Again, if the point is "the increasing irrelevance of Article 51 of the UN Charter to decisions by major powers...
13.07.14 | |

27 Jun

...laws’. The principle of self-management (the rangatiratanga principle) Article 2 guarantees to Māori hapū (tribes) the control and enjoyment of those resources and taonga that it is their wish to retain. The preservation of a resource base, restoration of tribal self-management, and the active protection of taonga, both material and cultural, are necessary elements of the Crown’s policy of recognising rangatiratanga. The Government also recognised the Court of Appeal’s description of active protection, but identified the key concept of this principle as a right for iwi to organise as iwi...
27.06.08 | |

02 Aug

...history helped us tease out the state practice concerning the underlying law. We found there has been a consistent view that there is no general right to secession—or “external self-determination”—under international law. Attempted secessions are largely viewed as domestic affairs that need to be resolved by the state itself. As a matter of international law, a successful claim for external self-determination must at least show that: (a) the secessionists are a “people;” (b) the state from which they are attempting to secede seriously violates their human rights; and (c) there...
02.08.06 | |

11 Nov

...for the general point, I'm sure defense counsel would be paid, if Karadzic actually had defense counsel. Since he doesn't, I don't see why people like prof. Heller should be paid as if they were defense counsel. Kevin Jon Heller Martin, As I have pointed out numerous times on this blog, I am not receiving a penny for my services. Justinian The decision is - obviously - aimed at weakening the right to self-representation. And it certainly does reach that goal. However, the right to self-represantation does not require the...
11.11.09 | |

04 Apr

Milan Markovic Dear Alex, I very much agree with the following: "Prosecutors and defense lawyers play different roles in various systems and will also be accustomed to different practices and customs from their own jurisdictions." But isn't this a very good reason for the OTP to adopt a code of conduct or voluntarily subject itself to the code of conduct that is currently applicable to the ICC's defense counsel? In the absence of such action, it is difficult to assess your claim regarding the "extremely high ethical commitment" of the...
04.04.13 | |

04 Aug

...that the expert constantly coordinates with the plaintiffs’ technical and legal team” and the plaintiffs’ team must “support the [court-appointed] expert in writing the report.” (p. 8). “Our entire technical team … of experts, scientists attorneys, political scientists, … will contribute to that report—in other words—you see … the work isn’t going to be the expert’s.” (p. 9). In clarifying what role the plaintiffs and defense counsel will have in drafting the court-appointed expert report, Fajardo confirms that it will be written “together” with the plaintiffs. The idea of Chevron...
04.08.10 | |