China's East China Sea Air Defense Identification Zone (ADIZ) has spawned tons of media commentary, so much so that I have had little to add and can barely keep up with all the coverage. Still, there is one small legal point that bears some further discussion. While I think the U.S. is correct as a matter of policy to push...
Calls for Papers As the 10th anniversary of the 9/11 Commission Report approaches, the recurring dispute over the boundaries of the post-9/11 national security state is once again in full swing. Governing Intelligence will move beyond the surveillance debate to start an interdisciplinary dialogue about the power and limits of intelligence agencies from a comparative and international perspective. The Stanford Journal of International Law seeks contributions by...
I've been so distracted with my own projects and with China's ADIZ that I forgot to note that Russia has been in violation of its obligations under UNCLOS since at least December 2. But that's OK, it seems that everyone else has forgotten this fact as well. December 2 was the date set by the International Tribunal for the Law of...
Amidst all the more substantial reflections on the life of Nelson Mandela, it feels ridiculously trivial to keep thinking of my own fleeting moment of meeting him back in 1994. But keep thinking of it I do. I was a terribly junior staffer in the Clinton White House then, a writer and editor of presidential prose, at least...
The WTO's new Director-General Roberto Azevedo is celebrating a rare event: The WTO's entire 159-country membership has finally reached a new multilateral agreement. This is the first time that the WTO's membership as a whole (as opposed to smaller groups of its member states) has reached an agreement since it was formed in 1994 and the first set of agreements under...
The two-part series I mentioned in my previous post seems designed to rehabilitate Judge Harhoff's image in the international-law community. Unfortunately, the articles, which draw heavily on an interview with the judge himself, simply underscore why it was necessary for the ICTY to remove him from the Seselj case. To begin with, consider what the judge says in the second...
I get that many people don't like the specific-direction requirement. I understand the anger that the Perisic, Stanisic, and Simatovic acquittals have generated. I've even explained why, though I think the Appeals Chamber was correct to reinvigorate the specific-direction requirement in Perisic, I would have preferred a different doctrinal mechanism. But I am really, really tired of people -- journalists, human-rights activists,...
“... diplomatic law itself provides the necessary means of defence against, and sanction for, illicit activities by members of diplomatic or consular missions.” (para 83) “The rules of diplomatic law, in short, constitute a self-contained regime which, on the one hand, lays down the receiving State’s obligations regarding the facilities, privileges and immunities to be accorded to diplomatic missions and, on the other, foresees their possible abuse by members of the mission and specifies the means at the disposal of the receiving States to counter any such abuse. These means are, by their nature, entirely efficacious, for unless the sending State recalls the member of the mission objected to forthwith, the prospect of the almost immediate loss of his privileges and immunities, because of the withdrawal by the receiving State of his recognition as a member of the mission, will in practice compel that person, in his own interest, to depart at once.” (para 86)The interpretation and ramifications of these passages are still debated. There are (at least) four possible readings.
“[N]othing in this Agreement shall be construed to prevent the adoption or enforcement by any contracting party of measures ...
One hundred and ten years ago next month, British geographer Halford Mackinder presented a paper at the Royal Geographical Society in London entitled “The Geographical Pivot of History,” setting out the basic tenets of what we now call “geopolitics.” Strategic thinking during the Cold War was in part framed by geopolitical ideas such as the struggle over key territory in...
Your weekly selection of international law and international relations headlines from around the world: Middle East The Israeli army fired into Syria after its troops were shot at on the occupied Golan Heights, the military said. The IAEA will probably need more money to verify the implementation of a landmark nuclear deal between Iran and six world powers, and it would take some...
The Office of the Prosecutor (OTP) at the ICC just released its 2013 Report on Preliminary Examination Activities. There is much to chew over in the report, but what is most striking is the OTP's slow-walking of its preliminary examination into crimes committed in Afghanistan. The OTP divides preliminary examinations into four phases: (1) initial assessment, which filters out requests for...
