I am remiss in not linking earlier to this excellent and absorbing discussion of the upcoming US Supreme Court decision in Bond v. United States at the Volokh Conspiracy. Rick Pildes at NYU is doing a nice job, but he is single-handedly taking on Professors Nick Rosenkranz, Ilya Somin, and Eugene Kontorovich on various aspects of the treaty power and...
This treaty was totally NOT on my radar screen. But as the NYT reports: More than 140 nations adopted the first legally binding international treaty on Saturday aimed at reducing mercury emissions, after four years of negotiations on ways to set limits on the use of a highly toxic metal. The treaty was adopted after all-night negotiations that followed a week of...
North Korea has said it would carry out further rocket launches and a nuclear test that would target the United States. Several European leaders have criticized British Prime Minister David Cameron's demand for radical reform of the EU and promise of an "in-out" referendum on UK membership. US Defense Secretary Leon Panetta has decided to lift the military's ban on women serving in combat, a move...
Pathetic: Ambassador Susan Rice objected Wednesday to the Palestinians' latest bid to capitalize on their upgraded UN status when their foreign minister spoke at Security Council while seated behind a nameplate that read "State of Palestine." It was the first Palestinian address to the Security Council since the UN General Assembly voted overwhelmingly on November 29 to upgrade the Palestinians from UN...
[John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter LLP in Washington, DC and an adjunct senior fellow in international and national security law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009.] Julian invited me to respond to his post...
It’s becoming a trend …. international law apps that aim to influence policy makers and engage the public. The app for “Children and Armed Conflict” (sponsored in part by the Mission of Liechtenstein) collates information on the legal framework and grave violations relevant to the effects of armed conflict on children, as well as providing recent news, background information on...
China's initial reaction to the Philippines' decision yesterday to file an arbitration claim has been to stick to its guns. From the BBC: On Wednesday, Chinese foreign ministry spokesman Hong Lei told journalists that China has "indisputable sovereignty over the South China Sea islands and adjacent waters, which has abundant historical and legal grounds". "The key and root of the dispute over...
US Trade Representative Ron Kirk is stepping down in late February. UK Prime Minister David Cameron has given his long-awaited speech on UK membership of the EU, promising a referendum in 2017 if the Conservative Party wins the 2015 elections. North Korea has responded angrily to the UN Security Council Resolution condemning its December rocket launch and expanding sanctions against the state. Jordan is holding elections today under...
The indefatigable Glenn Greenwald has unearthed an even more appalling appropriation of Dr. King by the military -- a Department of Defense news article entitled "King Might Understand Today's Wars, Pentagon Lawyer Says." The lawyer in question is none other than Jeh Johnson, former DoD General Counsel. Here is what he says: In the final year of his life, King became...
I am very rarely rendered speechless, but this appropriation of Martin Luther King by the Air Force Global Strike Command Programming Division (nearly) did the trick: The Department of Defense is a leader in equal opportunity for all patriots seeking to serve this great nation. . . The vigilant warriors in AFGSC understand they are all equal and unified in purpose to...
In a potentially huge development, the Government of the Philippines announced earlier today that it has filed for arbitration with China under the UN Convention for the Law of the Sea. The Philippines' claim places China's controversial sovereignty claim over the South China Sea (see right) squarely before an international arbitral tribunal convened under Article 287 of UNCLOS. According to the...
As a gauge of the temperature of the American foreign policy establishment, it is hard to do better than the Council on Foreign Relations. And that uber-establishment organization has recently released a pretty hard-hitting critique of the Administration's drone strike policy. It is not a knee-jerk attack, but a substantive policy critique, part of which is that existing laws aren't quite...
