Search: self-defense
27 Jan The Russian Disinformation Campaign During the Romanian Presidential Elections: The Perfect Example of a Violation of International Law?
...of Internal Affairs, it is hard to say if there is enough evidence to attribute the responsibility for the breaches to Russia under international law (Art. 4-8 ARSIWA), and consequently to determine that Russia committed internationally wrongful act (Art. 2 ARSIWA). That in turn means that, to avoid violating international law itself, the safest option for Romania would be to limit itself to retorsions (as States often do in similar cases). When it comes to the reaction of international organizations, the European Commission has already opened formal proceedings against TikTok...
08 Jul Customary International Law Symposium: Rules Everywhere and At All Times (Whether You Like It or Not)
...where diagnoses about world problems and scholarly therapies always confirm one another, making one another look natural and self-evident. This genre has been flourishing in relation to customary international law. Professor Hakimi’s piece whose title is an explicit reference to such problem-solving and elucidatory agenda, follows that literary tradition. A defence of the International Law Commission (yes, this is possible!). Having myself taken issue with the work of the International Law Commission in no mild terms and on multiple occasions, I hope I can defend the Commission without being suspected...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...
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...
05 Mar If Unilateral Force Becomes Normalized, Who Will be Disciplined Next and by Whom? The Structural Vulnerability of Third World Sovereignty
...integrity or political independence of States. Self defence is an exception under Article 51; and and actions authorized by the Security Council are deliberately narrow (see UNSC Res 678 (1990), UN Doc S/RES/678 ; UNSC Res 1973 (2011), UN Doc S/RES/1973). The International Court of Justice (ICJ) has consistently interpreted the “inherent right” of self defence under Article 51 in the decisions of Nicaragua v United States and Iran v United States only arising “if an armed attack occurs” requiring a threshold of gravity, necessity and proportionality. The architecture of...
15 Feb Symposium on Rewriting Histories of the Use of Force: Conflicts of Interest in International Law Scholarship – Addressing An Indifference to Capitalist Imperialism
[Isa Blumi is Associate Professor at the Department of Asian and Middle Eastern Studies, Stockholm University.] Dr. Agatha Verdebout’s Rewriting Histories of the Use of Force (2021) charts how International Law’s founding generations of scholars sought relevance during times when the powerful adopted “the law” only when it suited their interests. By reading beyond the ‘emotional’, ‘cynical’, or ‘idealistic’ discourse that accompanied assertive claims about the distinctive eras of this Euro-American global order, Verdebout (pp. 213-319) methodically ‘deconstructs’ the self-serving discourse of 20th century scholars’ assumptions that they have improved...
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...
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....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’...
16 Feb Symposium on Rewriting Histories of the Use of Force: Mnemohistory and the Affective Life of International Law – A Method for the Madness
[Miriam Bak McKenna is Associate Professor of Law and Global Governance at Roskilde University, School of Social Science and Business. Her book Reckoning with Empire: Self-Determination in International Law (Brill) was released in December 2022.] By now it is perhaps axiomatic to assert that the historical narratives surrounding international law are rather murky at best. As the canon of texts revisiting and critiquing these accounts expands, the creeping sense that international law finds itself in the midst of a George Santos style identity crisis continues to grow. History may be...