Search: self-defense
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...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...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...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...19 Jan Flipping Youngstown: The DOJ Unveils its Legal Defense of NSA Spying
As the NYT reports, the U.S. Justice Department has released a memo defending the legality of the controversial NSA spying program. The NYT (of course) barely describes the memo and then devotes half of the article to quotes by legal experts who say it is unpersuasive. Dean Robert Reinstein speaks of a scholarly consensus that the NSA program is illegal. Unbelievably, Marty Lederman of Balkinization has not weighed in yet (I spoke too soon, Marty is on the case here and Orin Kerr is on the case here),...20 Sep Detention in NIAC — A Reply to Wittes and Chesney (and a Defense of Vladeck)
...geographically connected to a NIAC. Wittes and Chesney’s claim that those rules permit the detention of anyone who “materially support” terrorism is still questionable. Most importantly, nothing in conventional IHL explicitly authorizes detaining anyone in NIAC. Common Article 3 and the Second Additional Protocol impose restrictions on how detainees can be treated; they do not authorize detention itself. That does not mean, of course, that IHL is silent concerning detention in NIAC. It is still possible that such detention is inherent in conventional IHL or that there is a customary...30 Jan Investment Protection in Extraordinary Times: A Reply to Professor Franck
...fall within the scope of the NPM clause from the substantive protections of the BIT and thereby preclude liability. Professor Franck is correct to note that in most cases the affirmative defense of necessity in customary international law should be unnecessary where a BIT contains an NPM clause. More specifically, where a treaty contains an NPM clause of comprehensive scope, the narrow necessity defense under customary law will generally not become relevant. NPM clauses are generally drafted to provide states greater flexibility to respond to emergency situations than would have...26 Jul International Law in the U.S. Supreme Court: A Partial Defense of “Insider Doctrinal History”
...What’s missing, in short, is society.” (p. 173) For Witt, what’s required instead is a social history of the Court and international law. What should we make of this critique? Based on my previous post worrying that the social, political, and cultural context of the Court’s work might be obscured by the book’s grand narrative, one might expect me to agree with Witt. And at a certain level, I do. In fact, I’ve previously made a call for exactly that kind of social history myself. And yet, I can’t help...
06 Dec Symposium in Remembrance of Judge Antônio Augusto Cançado Trindade: A Formalist’s Defense of Judge Antonio Cançado Trindade
[Moisés A. Montiel Mogollón is a Professor at the Faculty of Law at the Universidad Iberoamericana, Mexico City Campus and Universidad Panamericana, Guadalajara campus (Mexico).] Summary The late judge Antonio Cançado Trindade is often criticized by legal formalism on account of his interpretive elasticity when positive law failed to meet the most “elementary dictates of public conscience”. This piece -a homage from the enemy trenches- aims to reclaim his contributions and frame them as a necessary reminder for law-makers and operators, rigorous and meticulous in the method...