Recent Posts

Just a quick note for those of you who, like me, have a fondness for the Digest of U.S. Practice in International Law; the 2013 volume is now available on the State Department's website (see here).   I find the Digest to be one of the great resources on U.S. views of international law; it regularly includes letters, reports, and other documents that...

Not much surprise that the Supreme Court's ruling in the recess appointments case NLRB v. Noel Canning would draw on historical practice, since there wasn't much else to draw on. Breyer's opinion in the case sets out a notable defense of practice as precedent: [I]n interpreting the [Recess Appointments] Clause, we put significant weight upon historical practice. For one thing, the...

Your weekly selection of international law and international relations headlines from around the world: Africa The two main factions in the Central African Republic's conflict have taken a tentative step towards ending violence that has killed thousands and forced more than a million people to flee their homes.  Asia India's domestically-produced Polar Satellite Launch Vehicle (PSLV) has blasted off from the southern spaceport of Sriharikota, carrying satellites from...

Canada last week enacted a major amendment (Bill C-24) to its citizenship law. As a general matter it makes citizenship harder to get and easier to lose. Residency periods for naturalization are lengthened and physical presence requirements toughened up, English and civics tests will apply more broadly, and naturalization fees are tripled. This on top of the elimination of the...

Call for papers Professor Julian Killingley and Dr Jon Yorke are calling for contributions to a new volume on "International Law and American Exceptionalism", to be published in the Ashgate Series: Controversies in American Constitutional Law. This edited collection engages with the controversies surrounding the relationship of international law and American domestic law. It deals with a variety of approaches to the...

On Friday, Ukraine, Moldova, and Georgia signed the Association Agreements with the European Union that have been at the center of so much controversy among Russia, the EU, and these states. Preventing Ukraine, Moldova and Georgia from signing these agreements had become an important foreign policy goal for Moscow (see, for example: 1, 2, 3) after significant pressure, and perhaps some incentives, from Moscow, former Ukrainian President Yanukovich’s decided at the last minute not to sign the agreement at the EU’s summit in Vilnius in November precipitated the demonstrations that began in Kiev. Those were followed by Yanukovich fleeing, Russia’s intervention in and annexation of Crimea, and the ongoing tensions over the future of Ukraine. Moldova and Georgia have also faced threats of economic and/or energy embargoes as well as the ongoing Russia-backed separatist issues in Transnistria, South Ossetia, and Abkhazia. After the diplomatic disputes and the pipeline politics, the secessionist movements and Russian military incursions, Maidan Square and Crimean annexation, the signing of these treaties are a significant milestone, and hopefully a turning point. Ukraine, Moldova, and Georgia are committing themselves to a path of greater economic and normative integration with the EU. The EU is committing itself to allowing market access to the EU; more generally, the EU will likely become increasingly involved the in the internal policies of these countries, although they are not member states. What is clear is that this is a significant moment, President Poroshenko of Ukraine called it the most important moment for his country since the dissolution of the Soviet Union. What is not yet clear is how relations with Russia will evolve from this point. Here are some issues to consider...

This fortnight on Opinio Juris, Kevin and Deborah discussed the OLC's legal justification of the killing of Anwar al-Awlaki, which Kevin called murder. Kevin then replied to a response by Jamie Orr on the issue of the CIA's entitlement to invoke the public authority justification. Deborah analysed what procedural protection the Fifth Amendment requires before a citizens can be targeted and discussed the key legal...

Many people are surprised that Germain Katanga has dropped his appeal, particularly given Judge Van den Wyngaert's savage dissent. I'm not surprised in the least, because it locks in his sentence, which the OTP planned to appeal. Katanga's 12-year sentence is even shorter than Lubanga's, and he has already spent seven years in pre-trial detention. In fact, he'll be eligible for...

I will be participating in a roundtable about Syria and international justice next Monday night at the LSE. It's free and open to the public, so I hope at least a few OJ readers will come. You can also send questions to the following hashtag: #LSESyriaICC. We will try to answer at least a few of them! Here are the event details: Syria...

Jamie Orr has responded to my previous post on the drone memo, in which I argue that the OLC fails to adequately defend its conclusion that the CIA is just as entitled to the public-authority justification (PAJ) as the DoD. It's a thoughtful response, and I appreciate Dean Orr taking the time to write it. But I don't find his arguments convincing. Orr begins by citing Art. 43 of the...