Search: self-defense
03 Aug Opinio Juris Symposium: Additional Thoughts on the President’s Military Response Power
...- with historical examples that Professor Ramsey himself injects with a bit of proportionality and necessity discussion. Could the president respond to 9-11 with an attack to prevent further attacks if he believed further attacks are imminent? Yes....for a time...provided he can identify the source of the threat and the attacks are directed at countering it. (If they were not believed imminent, he would basically be conducting a reprisal - which some folks argue still falls within the scope of self defense or preemptive self defense.) Without Congress, could he...20 Feb Bush’s Indefensible Comments on Peacekeeping in Darfur
...quite explicit that their armies may be used for other purposes. Moreover, soldiers enlist in armies that have a history of engaging in action not for self defense even where that is the nominal purpose of the force. The US, for example, has on quite a few occasions engaged in action for purposes other than self defense, prominent examples being the Mexican War and the Spanish-American war. The present invasion of Iraq was of course not defensive in nature. I doubt that most US soldiers are so naive as to...08 Jan My Soda with Radovan (Addendum Added)
...as Seselj has done with his trial. Next time, I suggest that Ms. Bogue reply to what I actually said, not what she imagines -- wishes? -- I said. Kevin Jon Heller As for "Kevin, Kevin, Kevin," he or she simply regurgitates the dismissive criticism that is always leveled at defense attorneys. The criticism refutes itself: if every defense attorney took that advice, controversial defendants would receive no counsel at all. But, of course, in "Kevin, Kevin, Kevin"'s worldview, criminal defendants only deserve counsel in an "abstract" sense. That pretty...11 May Guest Post: Iran’s Relief Ship and the Blockade of Yemen
...of local manufacture. And here is further corroboration that the blockade cannot really stop Hamas from rearming. I quote from Israel Defense(April/May 2015): http://www.israeldefense.co.il/en/content/hamas-prepares-future-confrontation-restores-its-tunnels-and-rocket-stockpiles "Regarding rocket, Hamas has initiated a tremendous operation of self-production of rockets in order to fill its stockpiles. Hamas is concentrating its efforts in producing short-range rockets – that have proven effective against the "Iron Dome" during Protecting Edge, but the organization is also working on producing rockets with a range of 75 km that can reach the central district and Jerusalem, and rockets with a...04 Jan News Flash: Bolivia Opts Out of Nation-Statehood
...political, economic, legal, cultural and linguistic pluralism, within the country's integrating process. Art. 2.- Given the pre-colonial existence of the original-peasant indigenous nations and peoples and their ancestral domain over their territories, their self-determination is guaranteed in the framework of the unity of the State, which consists of their right to autonomy, self-government, culture, recognition of their institutions and the consolidation of their territorial entities, according to this Constitution and the Law. Art. 3.- The Bolivian nation is conformed by the totality of Bolivian men and women, the original-peasent indigenous...03 May Is There an International Law Right to “Autonomy”?
support for forms of self-determination short of full independence and for a principled way of ascertaining when more limited modes of self-determination are appropriate." S.J. Anaya and others have explained how this is owing to the fact that the notion of self-determination was historically forged largely in the context of the struggle against colonialism (hence self-determination was indissolubly linked to secession). Nonetheless, and as Ben suggests with regard to the Aaland Islands, "In the field of indigenous peoples' rights...international law may be coming to recognize that various forms of intrastate...19 Jul International Gun Control Efforts?
...to the death. It was literally "Might makes right" and it was perfectly legal until the society evolved to see the absurdity of it. Self-defense, however, is not an antiquated and absurd notion, no matter what the likes of Rebecca Peters thinks. The laws that were slowly put into place were largely ineffective until the society in question saw the values of such laws. They were also simple regulations, such as laws concerning the length of the blade. The total bans on the carrying of rapiers, even though it's rather...
25 Mar Smoke and Mirrors: The Art of Misdirection in Claiming Diplomatic Immunity
enjoys diplomatic immunity and that both his arrest in Cabo Verde and the request of extradition by the US are unlawful as they violate the conventional and customary rules governing diplomatic immunities. The logic behind the defense is that, since 2018, Saab has acted on behalf of Venezuela as Special Envoy to Iran and, -since December of last year- as Alternate Permanent Representative-designate to the African Union and therefore enjoys the ensuing immunity. This contention merits scrutiny since the immunity claimed by Saab’s defense exhibits deficiencies that preclude it from...31 May VJIL Symposium: Introducing “Investment Treaties and Investor Corruption”
quite limited. There was little in the Siemens award itself to suggest that Argentina had much, if any, chance of convincing the committee to annul the award. Bilateral investment treaties (BITs) are famously asymmetric. They grant investors rights but not obligations, while imposing upon states obligations unaccompanied by rights. Recent cases suggest, however, that BIT tribunals are poised to recognize a defense to state BIT liability that, in effect, imposes upon investors the obligation to avoid involvement in public corruption in the course of making a treaty-protected investment. In this...