Search: unwilling or unable
03 Mar Has the U.S. Operation Against Maduro Changed the Prohibition on the Use of Force?
...as the customary non-intervention principle, but these are beyond the scope of this piece.) In terms of the rule against the use of force, there are three possibilities. First, the operation could have constituted a breach of the prohibition that has left the rule intact. Second, the operation and State reactions to it could have narrowed the scope of the prohibition by introducing a new customary exception to its application. This is what some scholars argued—albeit controversially—occurred in the cases of the “unwilling and unable” doctrine and humanitarian intervention. Finally,...
23 Dec Remedial Secession and the Responsibility to Protect: The Case of Nagorno-Karabakh
...duty to assist States in fulfilling their duty to prevent and protect; and (3) the international community’s responsibility to take timely and decisive action through peaceful means, failing which it may use more forceful means, in a manner consistent with international law. As such, R2P stipulates that if a country is unable or unwilling to protect its civilians from mass atrocities, then the international community must act swiftly to fill the protection void. If there was any doubt in the period leading up to or since Nagorno-Karabakh’s declaration of independence...15 Jul Libel Tourism, and Specter and Lieberman’s Proposed Federal Law
...the United States can run its own constitutional policy and urges that instead it should seek to influence the international norms that will eventually come to prevail. That is leaving aside, as he says, the question of the merits. I’m linking here to Ilya Somin’s debate at Volokh Conspiracy on this, as I can’t seem to find the link – maybe Peter can give it to me. I share Ilya’s skepticism that the situation is quite as dire as that. Is the US really so unable to enforce its own...
31 Oct Third Annual Symposium on Pop Culture and International Law: Revenge of the Schmitt – Star Wars and Parliamentary Democracy
...is required postpones any decision and allows the matter to be consumed by endless discussion. Claude Lefort: Democracy as Disincorporation Lefort’s philosophical project is more or less the opposite of Schmitt’s: to give a positive defence of democracy – not merely as “the least bad system”. Lamenting his fellow socialists’ lack of interest in human rights violations by communists, he notes that “[t]hey are unable to discern freedom in democracy, because democracy is defined as bourgeois. They are unable to discern servitude in totalitarianism.” A critique is needed that distinguishes...19 Feb The ICC Is Not Shying Away from the Georgian Challenge
...unable to conduct investigative activities in South Ossetia (paras. 40–41). The Court agreed with the Prosecution’s position in that any proceedings undertaken by the de facto authorities of South Ossetia are not capable of meeting the requirements of article 17 of the Statute, due to South Ossetia not being a recognized State. In view of this, together with a lack of full cooperation between the parties involved, Georgia was considered to be unable, even if it seemed willing, to investigate effectively serious crimes committed during the 2008 war. PTCI ultimately...23 Apr Students, Junior Faculty, and Human Rights Scholars are Delicate Flowers
...be popular, it may well mean that younger scholars, those seeking advancement within the legal academy in the United States, and those who might wish to serve in the US government in the future may feel unable to articulate their discomfort precisely because so much of their future career and political advancement is bounded by this jurisdiction. This is problematic on a number of levels. To begin with, it suggests that the signatories to the original petition are such tender, delicate flowers that they will stop “engaging in the kind...22 Dec UN Reform and the Future of International Law
...The problem is that the UN is not well suited to dealing with internal issues. If Russia and China refuse to allow the IAEA to refer Iran to the Security Council, the UN will be unable to act. If enough developing countries resist making membership on UN committees like the Human Rights Council contingent on meeting certain standards (and it’s also likely that Russia and China would object as well), the UN will be unable to act. What can be done to make international law more credible, enforceable, and relevant?...11 Jul Peru’s Plurinational Debate on Indigenous Law
...take until the late 1960s for a military dictatorship to do by force what oligarchy could not achieve through law, in over a century. Peru’s Agrarian Reform expropriated the gamonales’ land and re-distributed it among the indigenous communities, rebranded “Campesinos” by military authorities. These communities, however, were unable to achieve economic recovery and have remained impoverished and neglected by the state ever since. This system continues to this day. Peru’s current 1993 Constitution states that “Campesino and Native communities have legal existence and are legal persons. They are autonomous...13 Dec What Is Going On in Peru?
...bilingual (indigenous-Spanish) education in Peru. According to his government’s regulations, new teachers assigned to indigenous areas would not need to be proficient in indigenous languages. Similarly, Castillo’s government was unable to respond to the challenges arising out of the Russian invasion of Ukraine, which caused scarcity of fertilisers in Peru. Because the government was unable to secure additional sources of urea, pressure on crops cultivated by indigenous people increased, risking famine in the country. The damage is compounded when indigenous communities are already dealing with an unprecedented drought and the...
15 Mar Why Creating a Special Tribunal for Aggression Against Ukraine is the Best Available Option: A Reply to Kevin Jon Heller and Other Critics
...has provisionally concluded that immunity ratione materiae from the exercise of criminal jurisdiction does not apply to certain international crimes, aggression is not included in that list (draft Article 7). In summary, it is in my view clear that foreign domestic courts will be unable to exercise jurisdiction over persons who enjoy personal immunity (including Putin and Lukashenko) during their term in office. It is more difficult to be definitive in relation to the current status of functional immunity under international law, but it is at least questionable whether a...