How does an international-law doctrine become conventional wisdom without actually having support in the practice of states? It starts with one article asserting the doctrine, but failing to defend it. Then another article makes the same claim, citing only the first article. And then another. And another. And so on -- until no one remembers that the first article did not...
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...
Your weekly selection of international law and international relations headlines from around the world: Africa The Malian government has signed a peace agreement with some northern rebel groups but the main Tuareg armed coalition asked for more time to consult its grassroots. Sierra Leone's Vice President Samuel Sam-Sumana has placed himself in quarantine following the death of one of his bodyguards from Ebola,...
Events On Tuesday, 3 March, Opinio Juris' own Kevin Jon Heller will be giving a Supranational Criminal Law Lecture at the T.M.C. Asser Instituut in The Hague entitled "What is an International Crime?" The event starts at 19:00 and seating is on a first-come, first-served basis. Calls for Papers The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the...
[Patryk I. Labuda is a Ph.D. Candidate at the Graduate Institute of International and Development Studies in Geneva. Before joining the Geneva Academy of International Humanitarian Law and Human Rights, he worked in the Democratic Republic of Congo, Sudan and South Sudan.] Although international criminal law is increasingly assimilated with the International Criminal Court (ICC), hybrid justice remains surprisingly common thirteen...
Yesterday, as members of Congress continued to debate the need for a new AUMF against ISIS, lawyers for Guantanamo detainee Al Warafi have filed a new habeas petition to the D.C. District Court, arguing that the basis for detaining Warafi evaporated when the war in the Afghanistan ended. Specifically, the petition argues that the administration has conceded in prior litigation...
If you haven't seen it yet, the Elders Proposal for Strengthening the UN is a must read. Chaired by Kofi Annan, The Elders is an independent group of global leaders who work together for peace and human rights. Released earlier this month at a conference in Munich, the four proposals are generating a lot of attention include: 1) A new category of Security...
Your weekly selection of international law and international relations headlines from around the world: Africa A young girl with explosives strapped to her killed five people and wounded dozens at a security checkpoint outside a market in the northeast Nigerian town of Potiskum on Sunday, witnesses said. Boko Haram militants attacked an island on Niger's side of Lake Chad but the army repelled...
