According to the WSJ, the "Iran Nuclear Agreement Review Act" that I discussed earlier this week may already have 64 declared supporters in the Senate. This means that supporters are only 3 votes shy of enough to override President Obama's veto of this bill. Since the bill might actually become law, it is worth reminding supporters of the bill that it...
Last September, Ghana commenced an arbitration under Annex VII of the UN Convention for the Law of Sea seeking judicial confirmation of its rights to explore for oil and other resources in maritime areas disputed by its neighbor Cote D'Ivoire. This past January, the two countries agreed to submit a dispute over maritime boundaries to a special chamber of the International Tribunal for...
As Washington continues to digest Israeli Prime Minister Netanyahu's (possibly unconstitutional) address to the U.S. Congress criticizing a pending nuclear arms deal with Iran, a constitutional and political fight is brewing over the scope of the President's powers to make such an agreement and Congress's power to limit or overturn his agreement. A group of Senators re-introduced a bill last...
A bipartisan group of US lawmakers proposed the Hong Kong Human Rights and Democracy Act last week. The proposed law would "would enhance U.S. monitoring of Hong Kong’s autonomy and human rights and ensure that these issues remain a cornerstone of U.S. policy," according to the bill's chief sponsor, Rep. Chris Smith. Reactions in Hong Kong and China are already pretty negative. "We...
Japan has been slowly moving to modify its domestic law, both constitutional and legislative, restricting the use of its military forces outside of Japan. In its latest political discussions, it is worth noting that Komeito, a partner to the ruling Liberal Democratic Party, has been insisting on the three "Kitagawa" principles as a basis for any new law governing the...
Glenn Reynolds of Instapundit (and of the University of Tennessee Law School) has a short op-ed in USA Today celebrating the first official US government statement of support for the private exploitation of resources on the moon. As Reynolds describes it: Bigelow [a private US company] has decided that it wants to go to the moon, and — here's the real...
I never met the late Luke T. Lee, but his work, Consular Law and Practice, was one of the first treatises on "practical" international law I ever encountered. As a young student intern in the U.S. State Department, I remember going to his book again and again as I tried to figure out exactly what would happen to a U.S....
The fight between President Obama and Congress over Cuba policy is nothing compared the brewing struggle over a U.S.-Iran agreement over Iran's nuclear program. I noticed this little foreign affairs law nugget today from the WSJ's report of this ongoing struggle (emphasis added): In the Senate, Mr. Menendez, of New Jersey, is co-author of a bill that seeks to impose new,...
It looks like a big showdown is brewing between the President and Congress over Cuba policy (Here comes 2016 presidential candidate Rubio!). Some legal commentators have argued, however, that President Obama already has the legal authority to lift all or most of the Cuba embargo without any further action by Congress. Robert Muse, a lawyer whose practice is all about Cuba sanctions...
I want to mark our Opinio Juris anniversary with some musings on how the legal blogosphere has changed in the decade since Chris, Peggy, and I launched this site. When we began, there was already a pretty robust universe of legal blogs. But law blogs were still pretty much hobbies rather than serious professional publications. Chris, Peggy and I were writing for each...
Christopher Kutz, Professor of Law in the Jurisprudence and Social Policy Program at Berkeley Law School, has a fascinating new essay examining the possibility that "norms" against torture and assassination have died in the United States in the aftermath of the 9/11 attacks. Kutz is not writing to support the CIA interrogation program or the US government's use of assassination, but he...
The government of Vietnam appears to have filed a statement of its legal views with the UN Convention of the Law of the Sea arbitral tribunal formed to resolve the Philippines-China dispute in the South China Sea. It is a little unclear exactly what Vietnam has filed. According to its Ministry of Foreign Affairs website: In response to the question on Viet...
