Search: self-defense
21 Sep Weekly News Wrap: Monday, September 21, 2015
...militants were killed when Turkish warplanes hit Kurdistan Workers Party (PKK) camps in northern Iraq overnight, security sources said on Saturday, as Ankara shows no sign of easing up strikes on insurgents ahead of a Nov. 1 election. Russia’s Defense Minister Sergei Shoigu told his U.S. counterpart on Friday that Moscow’s military activities in Syria were “defensive in nature,” a senior U.S. defense official said after the 50-minute phone call. Asia Russian President Vladimir Putin has backed the establishment of an airbase in neighboring Belarus, the latest move by Moscow...10 Feb A Response to John Armour, Jack B. Jacobs and Curtis J. Milhaupt by Zenichi Shishido
...in Japanese Corporate Law and Corporate Governance: Current Changes in Historical Perspective, 49 Am. J. Comp. L. 653). The U.K. system maintains a good balance by putting strong regulations on both buyers and sellers—that is, requiring buyers to make mandatory bids for all shares and prohibiting incumbents from any defense. The U.S. system maintains another good balance by putting weak regulations on both buyers and sellers—that is, not requiring buyers to make mandatory all-share bids but allowing boards to implement defenses. Japan’s system takes the U.K.-like takeover rule and the...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...17 May Book Discussion “Outsourcing War and Peace”: Government Contracts Can Be a Tool to Help Protect Public Values
...24,000 private security contractors (PSCs) hired by Defense and USAID in Afghanistan have not been vetted properly. Despite the increasing dependence on PSCS, Trent said that “neither USAID nor [DOS] systemically tracks information on PSC personnel,” a point that a Government Accountability Office Report last fall hammered home as well when it criticized State, Defense, and USAID for failures stemming from the Synchronized Predeployment Operational Tracker (SPOT Database): “SPOT does not provide a reliable means of obtaining information on orders and subawards.”(at 23) The SIGAR also emphasized that our government...12 Aug Kate Gibson on Erlinder’s Arrest in Rwanda
the Rwandan prosecutors regarding the link between the alleged genocide denial and Erlinder’s pleadings as a defense counsel in the Military I case. For example, according to one statement, “during the Military I Trial at the ICTR, Carl Peter Erlinder denied and downplayed genocide. He managed to prove that genocide had not been planned nor executed by the military officials he was representing.” The Court itself concluded that Erlinder should “answer for his acts at the ICTR.” To be clear, although it is unconscionable to persecute a defense attorney for...01 Feb A Few Comments on “Revisiting the Doctrine of Intertemporal Law”
...perhaps arrive at a similar, yet broader, conclusion, through different means. When discussing the British position in the Chagos Islands case, Prof. Wheatley points out that the UK’s B-Series position rests in the conviction that the International Court of Justice “should decide the case in the same way it would have done in the late 1960s, a time when the legal status of the self-determination norm divided states”. For him, this is incorrect due to the inherent limitations with B-Series thinking. International law is not a “brute fact” static in...09 May A Thought Experiment About Complementarity and the Jordan Appeal Decision
...President to the ICC. Instead, exercising its right under Art. 17 of the Rome Statute, it prosecutes him for genocide itself. I see nothing in the Jordan appeal decision that rules out S3. If the ICC arrest warrant entitled Beta to arrest and surrender the President of Alpha to the ICC despite his HoS immunity, surely it entitled Beta to arrest the President and prosecute him itself. The principle of complementarity is a foundational part of the ICC’s jurisdictional regime. Beta has thus managed to evade HoS immunity simply by...
17 Jan Symposium: Should a State’s Own Citizens Become Protected Persons During an Internationalized Conflict? Criticism Couched in Shameless Self-Promotion
...grant protected person status even to its own nationals if they have differing allegiance. Kubo claims that this interpretation is both in line with the spirit of humanization and also practical (or at least not completely unpractical), while attempting to refute a number of disagreeing authors, including myself (which probably explains why I chose this somewhat arcane topic). In the post I will first summarize the Tribunal’s position, then the arguments defending the ICTY jurisprudence, and I will try to demonstrate why I don’t find them particularly convincing. Needless to...
02 Dec An International Law Analysis of Black Panther: Wakanda Forever
...recognizes and seeks to undo differential colonial policies that privileged White economies over those of colonies; equally, PSNR concerns natural resources as a “means of subsistence” for a State and as a potential pathway toward economic freedom and self-sufficiency. Domestic economic growth is a sine qua non for the accrual of power and self-sufficiency in the modern international context, and as such, PSNR shares DNA with principles of self-determination and the right to development. In Resolution 1803 (1962), the General Assembly characterizes PSNR as a “basic constituent of the right...26 Feb International Law and China’s Domestic Reform – A Good Mix or Self-Defeating?
...group in particular — Zdenek Mlynar, Jiri Hajek, and Ladislav Hedjanek — seem to have developed the strategy of tying their advocacy directly to the Czechoslovak regime’s adoption of the Helsinki Accords into domestic law. The group called itself Charter 77, and its declaration expressly invoked both the human rights obligations the regime had agreed to as an afterthought, and the right of citizens themselves to monitor compliance with those obligations and report their findings to the world at large. Framing Charter 77 as a supportive response to Czechoslovakia’s adoption...