Search: self-defense
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...02 Jan The McCain Amendment Compromise: Has the Message Been Diluted?
The highly publicized McCain Amendment is now law. In order to secure the commitment of the President to support this statutory codification of the principle of humane treatment, Senator McCain agreed to the inclusion of a “superior orders” defense. The compromise legislation therefore provides that in any criminal or civil action against any employee of the armed forces or any other government agency for violation of this “humane treatment” mandate, obedience to orders may be raised as a defense. Accordingly, unless the activity forming the basis of the allegation is...27 Feb Kenyan Appeals Court Strongly Affirms That al-Bashir Cannot Claim Immunity As a Defense Against the ICC’s Arrest Warrants
...the Supreme Court of Appeal of South Africa too concurred with this approach, noting that allowing immunity to prevent arrest in such situations “would create an intolerable anomaly”. Highlighting the irony that Kenya’s government disregard of its international obligations in inviting al-Bashir to the inauguration of Kenya’s progressive Constitution, the Court also notes that the government’s actions violate a specific provision of the Kenyan Constitution itself. Article 143(4) of the Constitution reads “[t]he immunity of the President under this Article shall not extend to a crime for which the President...
10 Nov Security Challenges in the Black Sea: Military Exercise or a Navy Blockade? Analysis of the Russian Navy Activities in Bulgaria’s Exclusive Economic Zone in the Black Sea
...of the country, as the ships will be not only protected by the state, itself but in case of an armed attack of a vessel, Bulgaria could invoke Article 5 as a NATO member state. Despite the increased shipping distance, merchant ships’ security in the Black Sea will be better guaranteed if they pass by the territorial waters of Romania and Bulgaria to Turkey avoiding the EEZ zones. Bulgaria cannot currently use its EEZ zone effectively and high defense investment is necessary in its navy and coastal defense in case...