Search: self-defense
31 Jul When Neurotechnology Erodes Freedom of Thought: The Habeas Cogitationem Writ
...Habeas Writ Habeas corpus (‘you shall have the body’) is a well-known urgent procedural mechanism for protecting the physical/bodily self-determination of citizens in situations such as illegal detention or torture, among others. The Oxford Dictionary of Law defines this mechanism as [a] prerogative writ used to challenge the validity of a person’s detention, either in official custody (e.g. when held pending deportation or extradition) or in private hands. This writ, widely used throughout the world, is complemented in various countries by a similar mechanism intended to protect the informational self-determination...
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...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’...
10 May Rerouting Parts of Ukrainian Internet Traffic – A Violation of the Principle of Non-Intervention?
...on its own is already difficult to determine in practice, even before adding self-determination – another difficult to grasp principle of international law with its own contradictions, particularly in a context involving Russia and Ukraine – into the mix. However, the argument in favour of reconceptualising non-intervention in line with self-determination points to the core of why it seems dissatisfactory that non-intervention does not apply to many forms of foreign election interference: even where activities in question do not digitally alter the result, the ability of voters to independently and...
17 Aug States of Justice Symposium: Interrogating States of Justice–The Politics of the International Criminal Court
states self-referring is mostly pre-occupied with motives of these states that scholars often miss the value of this developing state practice. As it is incontestable that states self-referral of cases amplifies the aims of the Rome Statute, to end impunity and activates the complementarity provisions under the statue as a cohesive unity of purpose between the ICC and its member states (Prosecutor v. Katanga and Chui and Prosecutor v. Lubanga). A weakness of the book, if any, is that while Ba focuses on the motives of Uganda’s Museveni, there is...
26 Mar Symposium on Prosecuting Heads of State for International Crimes: The Tangled Legal Terrain of the Maduro Cases – Crimes Against Humanity, Drug Trafficking and the Immunity of an Alleged President
...government to perpetuate the oppression of the population, reactivating rapidly and intensively the system of harassment and violent repression against real or perceived opponents (para. 34). Maduro self-proclaimed himself as the President claiming to enjoy all the sovereign prerogatives attached to the office even if he didn’t show any official data and proofs of his victory, violating the Venezuelan Constitution (Article 120). But international law confers immunity by virtue of office, not by self-proclamation, and under Venezuelan domestic law, virtue of office has to be recognized to the elected President...10 Sep Samuel Moyn on the History of Human Rights and the Human Rights Movement
...a global perspective, the brief career of human rights in the 1940s is the story of how the Allied nations elevated language about human rights as they reneged on the earlier wartime promise—made in the 1941 Atlantic Charter—of the self-determination of peoples. Global self-determination would have spelled the end of empire, but by war’s end the Allies had come around to Winston Churchill’s clarification that this promise applied only to Hitler’s empire, not empire in general (and certainly not Churchill’s). The Atlantic Charter set the world on fire, but because...
02 Oct The “Frozen” Conflict in Nagorno-Karabakh
...that the right to self-determination leads to secession outside of the colonial paradigm, or outside cases of extreme oppression. Instead, most authorities on self-determination would agree that the right needs to be exercised internally, through an autonomy regime within the confines of the existing parent state. Thus, the international community’s stance that Nagorno-Karabakh ought to remain a part of Azerbaijan, with some type of autonomous status, appears consistent with international law and most other precedents (except for Kosovo). Although the international community’s attitude vis-à-vis Nagorno-Karabakh appears rooted in international law,...
20 Aug Muddying the Waters Still Further: A Response to Steven Kay and Joshua Kern
...each group acquired rights which it could not be forced to renounce.” (UN Doc. A/C.1/SR.127, 27 April 1948, p. 108). The Palestinian state established over the territories occupied by Israel in 1967, including the West Bank, East Jerusalem and Gaza strip, is in exercise of the Palestinian people’s right to self-determination as recognized by the international community. The right of self-determination is widely acknowledged as a peremptory norm of international law. Only the Palestinian people and their political representatives have a legally valid claim to any part of these territories....