Search: self-defense
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...
23 Apr The Political Price of Apologies: Why States Balk at Historical Apologies Despite Limited Legal Risk
...described apologies as Apologies are speech acts that have the power to, in the words of Barkan, “amend the past so that it resonates differently in the present for those who feel aggrieved by it or responsible for it.” For the magic of these speech acts to be realized, however, it must be preceded by an internal process of critical self-examination and self-interrogation that makes the political event of an apology possible. For colonial states, this usually means reckoning with significant parts of their history, their self-image and their political...22 Jan Massachusetts High Court Finds Vienna Convention on Consular Relations Self-Executing?
Actually, I am not quite sure, since all I have is this report on the recent decision of the Supreme Judicial Circuit of Massachusetts holding that the Vienna Convention on Consular Relations gives foreign nationals legal rights to the notification of their consular officials if they are arrested by Massachusetts authorities: Massachusetts, Cordy wrote, will take steps now to bring the state into compliance: “In order to enable the full effect to be given to [the Vienna Convention], we conclude that the notifications it requires must be incorporated...
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...