Search: self-defense
25 Aug Symposium on The Sentimental Life of International Law: On Lateness, Style and Sentiment
...effect and a very difficult one to achieve at that. This is a book that insists on its style, or the sylishness of is prose, and not only that, insists that we read this surface as the ‘thing itself’. And the style is, in turns, ironic, self-deprecating, cosmopolitan, wearing its hard earned learning lightly, self-aggrandizing. It is arch, self-conscious, always aware of the moves and counter-moves; how the game of the academic is played. And yet, also somehow gently nudging itself beyond the certainties of the doctinalist and the ironic...
06 Sep Once Again: Drone Killings and International Law
...because of effective control, or if the State of sojourn offers the terrorist actor protection and is unwilling or unable to take effective action against it (cf. once again BVerfG, 2 BvE 2/16, paras. 50–51). In this case, an international armed conflict may even arise between the attacking State and the State of sojourn (ICRC Commentary, para. 511). A prerequisite for invoking self-defence, however, is that the use of force against which the attacking State is defending itself exceeds the threshold of an “armed attack” within the meaning of Article...
02 Sep Back to the Drawing Board of the Partition Plan: Vice-President Sebutinde’s Erroneous Account of Palestinian and Israeli Claims of Title to the Territory of Mandatory Palestine (Part One)
...The odd judge out is Vice-President Sebutinde, who in her dissenting opinion opines (para. 1; see also paras. 67, 69): the Court has not received arguments or evidence on the territorial scope (i.e. borders) of the State of Israel as on the eve of independence; nor of Israel’s competing territorial claims in relation to the disputed territory. These are issues that must first be addressed before the legal consequences of the alleged occupation of territory by Israel, or the territorial scope of Palestinian self-determination, can be determined. She then complains...
24 Aug Symposium on The Sentimental Life of International Law: Review
...in favour of an intellectual amateurism, ‘an activity that is fuelled by care and affection’, in Said’s words. This ‘rather sentimental’ (also Said’s words) approach to intellectual life is not, however, an inward-facing act of self-care or self-enrichment. On the contrary, a sentimental international law may be ‘an apt way to think about and change the world’ (3). Writing and reading appear in The Sentimental Life as intellectual practices with which to effect such a disciplinary refashioning, which is to take place, therefore, through language. The gravitational pull of structuralism...
10 Oct Rethinking International Law After Gaza Symposium: A Thought Experiment – What if we Tried to Organise the “Rethinking International Law after Gaza” Conference in the UK?
...The Institutional Framework for Holding Events in the UK The UK prides itself on being an “open society” and academic comment receives a high level of protection in the law. Despite this, the previous government acknowledged that many scholars were self-censoring on a range of topics and that something needed to be done. This was one of the reasons Parliament passed the Higher Education (Freedom of Speech) Act 2023, which, inter alia, created a new statutory tort that would allow students, academics and visiting speakers to bring civil proceedings against...25 Jun Linos Book Symposium: Comments by Ryan Goodman
...support for a policy if foreign countries have adopted or global institutions have recommended the policy. Second, the data are based on self-reported levels of information. And, we can easily imagine that self-understanding and self-reporting of one’s own awareness of social policy is systematically skewed (e.g., in favor of reporting overconfidence generally, over- or under-reporting confidence among particular types of individuals). Third, cases in which low-information subjects responded more strongly may mask a spurious correlation. That is, another factor—e.g., lack of concern about the social policy—might lead both to individuals’...
05 May Symposium on the UNWCC: Defences and the UNWCC
...finding was exceptional; the only reported example of a successful defence argument in the 15 volumes. In another similar example where self-defence was attempted [Hangobl, vol. 14], involving an airman who had bailed from a faltering plane and found himself in Austrian territory in 1944, and a civilian who was part of the local defence force found him, the defendant reported that on seeing the airman reach towards his jacket, him shot him once as he faced him and once in the back as the airman turned to run away....
03 Jun Non-innocence Under Article 19(2)(a) UNCLOS: A Response to Cavalcanti de Mello Filho
...ICJ did in relation to Israel’s violation of the right of the Palestinian people to self-determination), when would a vessel transporting military equipment to that State be regarded as complicit or also engaged in the threat or use of force in violation of self-determination? This question, which is not the focus of this piece, is discussed in the legal opinion of ASCOMARE and is independent of the arguments made above. Regardless of what the threshold is or should be for a vessel to be regarded as violating principles of international...
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...