In association with the International Commission of Jurists

Recent Posts

22 Sep

State failure is an almost intractably thorny question for international law. Its intractability is both practical and conceptual. It is practical because state failure – defined by Giorgetti as ‘the prolonged implosion of governmental structures and the ensuring incapacity of the government to provide political goods to its internal and external constituencies’ – poses tremendous political, social and humanitarian challenges...

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22 Sep

Chiara's book is quite timely and topical and fills a puzzling gap in international legal studies.  The concept of failed state, mostly epitomized by Somalia after 1991, became fashionable in the United Nations in the 1990s as the Security Council discovered its muscles under Chapter VII of the Charter and broadened the notion of threat to the peace to encompass humanitarian...

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22 Sep

Failed and failing states are relatively new phenomenons that have not yet been recorded in the international law radar screen. However, the rise of piracy off the coast of Somalia, and increased instances of terrorism and international organized crime underline their relevance in the international legal system. In my book, A Principled Approach to State Failure: International Community Actions in Emergency...

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21 Sep

We are very pleased to host from today through Friday an online symposium considering Chiara Giorgetti's book A Principled Approach to State Failure: International Community Actions in Emergency Situations (Brill 2010). Dr. Giorgetti, an attorney at White and Case and an adjunct professor at Georgetown Law Center, will be with us for the rest of the week, discussing various of themes from her...

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21 Sep

The following is a guest post from Chimene Keitner, Associate Professor of Law at Hastings.  My thanks to her for contributing it! The Second Circuit’s recent panel opinion in Kiobel v. Royal Dutch Petroleum has justifiably spurred much talk in the blogosphere, including posts by Trey Childress, Ken Anderson, Julian Ku, and Kevin Jon Heller. Here are my preliminary thoughts. First, it...

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20 Sep

As President Obama prepares to head up to New York for the UN General Assembly meetings, which this year are focused around the 10 year anniversary of the Millennium Development Goals (MDGs), some stories are starting to appear in the papers about the UN and US relations.  Colum Lynch, for example, the Washington Post's UN beat reporter, has an article asking...

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20 Sep

The draft Resolution of Ratification for the New START treaty approved last week by the Senate Foreign Relations Committee is now up on Senator Richard Lugar's webpage.  It contains all sorts of required certifications, reports, and briefings.  I can't tell if any of it is really significant by way of constraint.  (Lugar claims in his press release that the required...

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19 Sep

Alan Feuer has a very interesting article in today's NY Times about the Analytic Unit of the NYPD's Intelligence Division. Feuer piece explains To bolster counterterrorism operations after 9/11, the Police Department expanded its Intelligence Division — run by David Cohen, a 30-year veteran of the C.I.A. — with detectives who had mainly spent their careers chasing street gangs, drug lords...

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19 Sep

OK, I never thought I'd write a post tying international arbitration, chess federation elections, and post-Soviet politics together.  Nor did I think that I'd follow that up with a post expanding on the post-Soviet politics issue and also throwing allegations of UFO abductions into the mix. And now, in the midst of all this other drama, World Chess Federation President (and...

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18 Sep

It's always dangerous to opine on a judgment you have only skimmed, so I'll phrase my thought as a question instead.  Here is what the ATS Statute says: The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the...

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