Mike is spot on with his three points above. The contrast between theoretical viability of R2P and differing meanings is exactly why I cannot support it. It is much to easy for R2P to be perverted...
Type: Posts; User: LawVol; Keyword(s):
Mike is spot on with his three points above. The contrast between theoretical viability of R2P and differing meanings is exactly why I cannot support it. It is much to easy for R2P to be perverted...
As you are aware international law comes in two varieties: treaties (and the like) and customary international law. Customary law is built upon state practice and evolves over time. Thus, a single...
MikeF: you are absolutely correct. Although I didn't discuss it in detail in my initial post, this is what I was referring to when I spoke of R2P being a tool for the developed world. Particularly...
Unlike many others, but apparently in agreement with you, I also did not focus upon the "Constitutional question." However, I did see an international law issue. The Charter gives the UNSC the...
In a word: no. I agree with what is implied in your comment. Change must be desired, otherwise the weak merely accommodate until they can fight back or the one seeking change gets bored and leaves....
I'm not up on the full history of the concept, but do recall some sort of UN endorsement back in 2005 or so. I believe many advocate tend to tie it with the UN Declaration of Human Rights. It...
I must confess to having some issues with this although not from the same perspective as the lady in this article. She bases her opposition on issues of sovereignty and international law. However,...
True enough. However, remember that if the US can break alliances, so can other nations. Nations do what they believe to be in their own interests. Iraq is a perfect example. Despite feeding off...
I do not argue that I would abandon Taiwan at this time, I only say that if it is in America's interests to do so at some point, I would do so. You may have already made up your mind that sticking...
I don't think this is really that remarkable. It's realism, pure and simple. If things go south between China and Taiwan, the US should assess the situtaion at that time, account for long-term...
Much to ponder here; you may be right. If China flat out attacked tomorrow, you would definitely be right. However, I'm not sure it would happen that way. China seems a bit consumed by it's public...
Emotion? Maybe. But controlled emotion. The Chinese psyche is ineffected with concepts of sovereignty; much more so than your average right-wing, black helicopter-seeing, militia guy in the US. ...
Carl, I disagree, to a point, that law of the sea arguments will not stop them. From some things I've read and some China experts I've spoken to, China is quite in tune with legalities. In fact,...
You are correct, but any plan, at this point, would require a greater embrace of international institutions and international law than most Americans are willing to have. While I certainly embrace...
Just came across this news article. Check the last paragraph for the benefits of China's aggressive stance in the South China Sea.
It may be a "boiling frog" issue and it is certainly complex, as indicated by David. However, this does provide an opening for the US. Our pursuit of the "war on terror" has led us to take our eye...
I'm not sure this is really about oil in the Spratley Islands anyway. Sure, the pretext is there, but this may be more about China extending its maritime defensive perimeter -- the so-called string...
Well said, Mike. Sometimes the legal part can be quite simple. Nearly ten years of inability or unwillingness on the part of Pakistan to deal with AQ led to this result.
You're reworded version of Art 2(4) is how I've always viewed it. That put me in the minority among my multi-national peers at McGill. :wry: I know there are many who subscribe to the worldview you...
For those rejecting the requirement of a nexus netween location of a combatant and the lawfulness of the target: when do US personnel become a lawful target?
Is the President a lawful target...
I came across this today: UN wants answers
the money quote:
I'm sure PolarBear will have a few words to say on this and I bet we'll agree. :D This is a parsing of laws, nothing more. I've...
While I do not believe that this makes any difference regarding the threat of AQ (real or imagined), I do agree with Fuchs that this provides a political opportunity to declare victory and go home. ...
Yep, my trip was cut short due to flight restrictions so I had to catch whatever was available out of there or risk a long-term stay with short-term supplies. On watching the news this morning, I...
best line . . . ever. :)
Interesting ideas. It sounds very similar to BG Martins' "hub and spoke" model of bringing rule of law to Afghanistan (which seems to be an adaption of the ink blot...
because I'm headed out to one of the provinces shortly.
First, I'll be candid and admit that I'm not completely sure we can bring the rul e of law (at least in the western sense) to Afghanistan. ...