Search: self-defense
14 Jun What do Appropriate Due Diligence Measures for Nonstate and Substate Partners Look Like? Part II: A Sample of US Practice in Iraq, Syria, and Afghanistan
...basis. The below case studies will also not get into an analysis of the degree of state responsibility or obligation that might be inferred based on the degree of US support to, or control or direction over, the groups in question. In addition, it is worth noting that the ODI-GPPi study itself is not purely focused on legal risks; it also considers how such mechanisms attempted to address other policy commitments, for example, to mitigate security risks or diplomatic consequences surrounding these forces. However, a substantial focus of many of...02 Mar YJIL Online Symposium: Response to Matthew Waxman
...to substantive IHL norms. My intuition follows the domestic criminal law framework of recognizing some defenses to criminal liability, which may apply to all or some specific offenses, but are kept separately from the definition of these offenses. This separation operates to safeguard the integrity of the law, leaving room for forgiveness in the particular exceptional instance in which an otherwise-condemnable act may be warranted. Of course, from a realist perspective, the ex post necessity defense functions much like an ex ante authorization. I was especially intrigued by Professor Waxman’s...31 May VJIL Symposium: Jarrod Wong Comments on “Investment Treaties and Investor Corruption”
the treaties grant investors rights but not obligations, while imposing upon states obligations unaccompanied by rights. Accordingly, he suggests that the corruption defense effectively creates investor obligations, which begin to address the BIT imbalance. I am not entirely persuaded such a perspective adds to the analysis. After all, a corruption defense does not impose any meaningful obligation whose breach entitles states to bring claims against investors; it simply affords states cover from investor claims, cover that is surely undeserved if the states themselves participated in the misbehavior. In closing, let...17 Apr Taiwan’s New Adversarial System and the Overlooked Challenge of Efficiency-Driven Reforms
...is a different one. Instead of enhancing robust interaction between the prosecution and defense, these trial-avoiding and trial-condensing procedures have created a separate track of expedited, prosecutor-dominated justice alongside the adversarial one. The vast majority of defendants see their cases decided at the prosecutor-controlled investigation stage or directed through an abbreviated adjudication stage with little activity by either the judge or defense. Admittedly, that most cases are decided without a contested trial is not shocking. What is concerning is that the trumpeted adversarial reforms are not permeating into efficiency-driven procedures...