Last week, we were pleased to host a great discussion of the book International Law in the U.S. Supreme Court. This week, I'm pleased to announce that one of its editors -- Bill Dodge -- is taking a leave from his faculty post at Hastings to become the newest Counselor in International Law to the State Department Legal Adviser, Harold...
I'm pleased to announce that Opinio Juris is hosting its latest book discussion this coming week. We will feature International Law in the U.S. Supreme Court (CUP, 2011), which was edited by David Sloss, Mike Ramsey, and Bill Dodge. In the interest of disclosure, I would note that two Opinio Juris regulars participated in the volume: I authored the second chapter on how the...
I've blogged about cyberthreats a lot this week. But, before we head into the weekend, I wanted to flag a Federalist Society Cyber Security Symposium, which an interested reader called to my attention. Now, the Symposium itself was held last month at Steptoe & Johnson in D.C., but the Federalist Society has since posted the proceedings in video form on-line. Readers...
[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] First, I want thank both Eric Jensen and Jonathan Zittrain for taking the time to respond to my article. Both have thought long and hard (not to mention well!) about regulating cyberspace. Eric's early work assessing computer network attacks under the legal rules on use of force was one of...
[This post is part of the Second Harvard International Law Journal/Opinio Juris Symposium.] In 2007, I authored two papers -- one for a military audience and another for a legal one -- arguing that debates over the law's response to the growing range of cyberthreats would likely track ongoing debates over law's response to terrorism. In that context, we've seen 4 options...
A few months back, Opinio Juris was pleased to host an inaugural joint symposium with the Harvard International Law Journal. Next week, we're very pleased to be able to regularize this partnership with a second symposium (I'm particularly pleased with this development for reasons that should become apparent below). The symposium will run from Tuesday, July 12, to Friday, July 15, and...
Just a quick note for folks following the Congressional wrangling over U.S. military activity in Libya and the War Powers Resolution: later this morning, Opinio Juris' own Peter Spiro will be testifying before the Senate Foreign Relations Committee. U.S. State Department Legal Adviser Harold Koh is also set to testify and, presumably, defend the Administration's position. Louis Fisher of the...
More than a decade ago, the U.S. Defense Department's Office of General Counsel (DoD OGC) released a detailed analysis of the way international law would operate to guide U.S. military activity in cyberspace. It was an impressive effort and is still worth reading today despite all the intervening, and dramatic, changes in the technology and the geopolitical landscape. At the...
Those who have followed the cases relating to the Vienna Convention on Consular Relations (VCCR) here in the United States and at the ICJ know that the United States has a compliance problem. The United States does not provide the 'judicial review and reconsideration' remedy that the ICJ has indicated is required in the event a violation of an...
My former State Department colleague, David Kaye, now the Executive Director of UCLA Law's human rights program, has just authored a study under the auspices of the Council on Foreign Relations (John Bellinger and Matt Waxman also particiapted in the effort as Directors). Kaye acknowleges the contributions made by the likes of the ICTY, ICTR, and ICC, but argues that more work is needed...
The arrest on sexual assault charges of IMF Managing Director Dominique Strauss-Khan (or "DSK" as he's known to the French tabloids) is big news this morning. Most of the main stream media attention (quite naturally) has focused on the salacious allegations themselves and/or DSK's potential presidential ambitions back in France. Here at Opinio Juris, however, I'm sure I was not the...
I suspect that many of our readers already receive ASIL Insights, but for those of you who do not, I wanted to flag the release yesterday of Pakistan's Sovereignty and the Killing of Osama Bin Laden by Ashley Deeks, a former colleague of mine in the Legal Adviser's Office at the U.S. State Department. Deeks is now a fellow at...
