By: Jordan
Response... Durand actually involved self-defense measures against a non-state actor maruading mob. See 19 J. Transnat'l L. & Pol'y 237, 245-46 (2010), available at <a...
View ArticleBy: M. Gross
I’m not sure we have any recourse we really wish to pursue, since the Libyan government doesn’t seem to have intentionally committed the offense. Jordan is no doubt correct about what will actually...
View ArticleBy: AGW
“Plainly, both Egypt and Libya have massively failed to live up to their duties on these and other relevant provisions.” That’s the kind of statement you really need to substantiate. As Duncan...
View ArticleBy: Jordan
Response… Actually, it would be self-defense against some non-state actor(s), not against a state, and quite permssible if they have been involved in prior attacks or ongoing attacks. Also, U.N. art....
View ArticleBy: AGW
That is quite a tortured interpretation of Art 2(4). Most IL scholars take the view that these ‘territorial integrity’ and ‘political independence’ elements are mere surplusage, and don’t operate to...
View ArticleBy: Jordan
Response… Query “almost universally.” And, unavoidably, the text and the ordinary meaning of its terms are clearly viewed as part of the meaning of a treaty. Art. 31, Vienna Conv. on the Law of...
View ArticleBy: AGW
‘Query “almost universally”‘. Unfortunately my local law library is now closed, so I’ll have to park this one for the moment. (Please don’t judge me for considering hitting up the law library on a...
View ArticleBy: Jordan
Response… That’s a good shift to object and purpose of 2(4), which begs the very question at stake, since the real focus of art. 31 of the Vienna Conv. on the Law of Treaties is on the object and...
View ArticleBy: AGW
Art 1 aspires to an international order in which disputes are settled by peaceful means, in which such forceful measures as are necessary are taken collectively, and in which international cooperation...
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