Search: self-defense
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...
23 Jul In Defense of Process: Why States Should Not Nominate New Candidates for ICC Prosecutor
...reference check (para 33). The report also explained that experience, by itself, was not the most important criterion; rather, it was competency. How, the Committee asked, did the candidates “demonstrate certain behaviours/skills” not merely by virtue of their resume, but “within the strategic context in which the ICC is situated” (para 37)? As Ambassador Sabine Nolke, the committee’s chair, later put it, “The fact that you’ve done something in the past doesn’t mean you’re the right person to do it again.” At the same time, the report is also refreshingly...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...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...08 May Jus Post Bellum Symposium: In Defense of a Central Role for Sovereignty in the Jus Post Bellum Conversation
...or the rule of law. In this sense, it is important not to confuse the empirical reality of how the concept evolved and is used on the discourse, and the concept itself. Which leads me to the second idea : sovereignty, in one form or another is a sociological necessity. What I mean by this is that sovereignty, in its simplest definition of a delegation of power (legislative, executive, judicial, police, administrative, etc.) to centralized authorities is an inevitable phenomenon in any human community that reaches a critical mass. This...
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...29 Nov Wikileaks and the Espionage Act
the national defense, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts to receive or obtain it, that it has been or will be obtained, taken, made, or disposed of by any person contrary to the provisions of this chapter; or…. (e) Whoever having unauthorized possession of, access to, or control over any document, writing, … or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to...27 Jul Guest Post: The Special Court for Sierra Leone’s Landmark Prosecution of Charles Taylor: Lessons for Trial Practice
...Trial Chamber and Registry to address defense concerns in the lead-up to the trial may have encouraged smoother proceedings. Taylor’s first defense team left the case due to concerns over inadequate resources and time to prepare, leading to the appointment of a second team and a hiatus in proceedings. These challenges underscore the value of previous complex criminal trial experience among judges who adjudicate these cases. The three judges of Trial Chamber II, while experienced jurists, did not generally join the Special Court with such extensive experience. Finally, the provision...
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...