Search: self-defense
11 Oct Sovereignty over Natural Resources in the Afghan Crisis: Effectiveness and Human Rights Considerations
...and resources for their own ends. Furthermore, the decisions adopted by the future Afghan government on the exploitation of natural resources shall not deny the Afghan people of their own means of subsistence. As declared by the Human Rights Committee (HRC), such provision constitutes the ‛economic content‘ of the right to self-determination declared in Article 1(1) of the two Covenants, which states that by virtue of their right to self-determination, all peoples have the right to freely determine their political status and to pursue their economic, social and cultural development....29 Mar Follow-up to NYU JILP Symposium on LGBT Asylum and Refugee Law
...immigration judges. I have found that the interpretation of the law, rather than the law itself, is what matters most in asylum cases.[2] It matters most because it determines the outcome of a case. Some scholars argue that one’s adjudicator is the sole determining factor in the outcome of an asylum case in the U.S. asylum offices and immigration courts.[3] This body of research supports Goodman’s conclusion that “adjudicators in refugee determinations will retain considerable leeway to develop their interpretations of the law.”[4] Goodman’s uneasiness about individual decision-makers’ subjective interpretations...26 Mar Comment on Medellin
U.S. willingness to go before the ICJ! (Not that it will particularly improve the reception once we get there, but you can’t have it all.) So what about the third result — the President’s loss? I myself have argued that President should be understood to have the authority to implement even some non-self-executing treaty obligations via the Take Care Clause, which is a constrained kind of power — it authorizes only to the extent it binds. The Court gives that the back of the hand. It also rejects what the...
02 Jun Options for a Peace Settlement in Ukraine: Option Paper VI – Prisoners of War and Other Detainees in the Peace Process for Ukraine
...repatriated by Ukraine and the two self-proclaimed republics despite the Minsk Protocols. In addition, civilians arrested since 24 February 2022 for crimes against the security of Ukraine or the RF could be assimilated to this group for the reasons explained below. Third, there are detainees awaiting trial or executing sentences in the territory controlled by Ukraine until 24 February 2022, who will now find themselves in detention facilities controlled by the RF. Concerning the first category, it is hard to know the exact number of PoWs at this stage. The...
10 Oct Reimagining Palestine in TWAIL Scholarship
...and rationalising internationally the future Europe imagined for itself. In the early days, the self-proclaimed supremacy of European civilisation justified their assault upon the worldviews, bodies, and lands of others; in more recent times, it was to protect civilians, women’s rights, liberal values, or values of the human spirit, whichever happens to be en vogue. The mythology of international law was always compelling propaganda, allowing European publicists to see their creation as better than it was, fashioned in the sugary image they had of themselves and the bitter one they...
21 Jan So, You Brought up the Monroe Doctrine Again…
...The only legal mechanism available to the US, Saenz Peña said, was the recognition of Cuban belligerency and declaration of neutrality. In fact, anticipating the UN Charter by nearly half a century, Saenz Peña articulated an approach to jus ad bellum premised on self-defence, instead of gunboat diplomacy: “Intervention”, he said, “does not proceed except in the case of aggression or positive threat to the security of the State; but then it stops being intervention, to become the unalienable right of self-defence. One may think instead that the terms are...29 Oct International Law Pays No Homage to Catalonia’s Declaration of Independence
...and it is usually (and appears clearly) illegal for Catalonia to do so under Spanish constitutional law. It is for this reason that I do not think there is any reasonable argument that the Catalan declaration of independence is lawful or protected by international law. The Catalans might (and do) fall back on invocations of the international right of self-determination. Such a right does indeed exist under international law, but it is highly doubtful that such a right justifies secession in the case of Catalan. The right of self-determination does...09 Mar Queer Cases, Great Law: S. Chelvan Responds to Jenni Millbank & Guglielmo Verdirame
...§ 78 of Lord Rodger’s reasoning in the U.K. Supreme Court case of HJ, not to be illustrative of anything linked to humour, but rather a blatant attack on fundamental principles underlying refugee law. I align myself to the first scenario and aim in this short note to analyse why concentrating on excluding certain categories of conduct from protection misses the point. Kendall (2003 citing Mahoney J.A. in Thavakaran), rejects an approach where the “onus for removing the fear of persecution [is] on the victim, rather than the perpetrator” (see...05 Aug Don’t Blame Us, the United Nations Made Us Do It
...to promulgate traffic separation schemes. Nor can they point to any provision that gives the International Maritime Organization, which was created as a “consultative and advisory” body, Convention on the Intergovernmental Maritime Consultative Organization,… authority to promulgate regulations in U.S. waters. Treaties “are not domestic law unless Congress has either enacted implementing statutes or the treaty itself conveys an intention that it be self-executing and is ratified on these terms.” Appellees do not contend that Congress has enacted implementing statutes for the treaty at issue, International Convention for the Safety...01 Apr A Rejoinder to Avraham Shalev: The Colonial Nature of Israeli Claims to Palestinian Territory
...In this post, I will briefly summarise Shalev’s arguments and offer my rejoinder. In short, I think Shalev misconstrues the application of the principle of uti possidetis to the Israeli-Palestinian conflict to insist on a colonial reading of international law, where the self-determination of colonised peoples is secondary to the expansionist territorial aspirations of nation states. Or, to simply quote from one of Shalev’s most disturbing statements, that: “Palestinian self-determination cannot negate Israel’s territorial claims”. Shalev’s post is divided into two parts. The first part contests my claim that the...