The U.S. Midterm Elections and International Law

The U.S. Midterm Elections and International Law

What does the change of power in the U.S. Congress (at least in the House) mean for U.S. attitudes toward international law and foreign policy?  Not much, I think, since I think foreign policy is one of the few areas where we can imagine the new more conservative Republicans and President Obama working together better than he did with progressive Democrats.  But here is a quick guess on the impact of this election on upcoming issues:

1) Climate Change Treaty Negotiations – Since the likely swing vote in the Senate is a conservative Democrat from West Virginia who literally shot the cap-and-trade bill in a TV ad during his campaign, I wouldn’t count on any movement at all on this front over the next two years.

2) Guantanamo – Let’s just say it is going to stay open until at least the end of President Obama’s first term, and maybe well into his second term (if there is a second term).

3) Civilian trials in U.S. of Guantanamo detainees – This is a mixed bag, but Congress can have a big influence on this issue through their oversight and funding power. I imagine military commission trials are going to continue, and there will be fewer civilian trials.

4) Targeted killing – This is also not entirely clear, but I somehow doubt the new House majority cares one way or the other. I bet they go on and continue escalating, especially in places like Yemen and Somalia.

5) Law of the Sea Treaty – Not gonna happen. I think we may have to wait until the second term of the Palin Administration for this one.

6) New Free Trade Agreements, or passage of Colombia and Korea Free Trade Agreements –  This could happen, and is actually more likely to happen under a Republican Congress.

Anyone out there have their own thoughts on the likely impact? Disagreements?

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Steven Groves

LOL on #5, Julian. I agree with you, though it would help even more if the Alaska Senate seat goes to Miller. And don’t count on a “President Palin” to push for LOST, even though she’s from Alaska …

Jordan
Jordan

Response…
Re: targeted killing, likely to expand to include more targets in Yemen? and some in Mexico (drones fly along parts of the border now and Secretary Clinton remarked that the narco-terrorist-organized criminals are acting “like” insurgents)?  On propriety of targeting, even a U.S. national in Yemen outside a theatre of war, my article is finally out — see http://ssrn.com/abstract=1520717