I have just posted on SSRN a draft of a (very) long article entitled "Specially-Affected States and the Formation of Custom." It represents my first real foray into both "classic" public international law and postcolonial critique. Here is the abstract: Although the US has consistently relied on the ICJ’s doctrine of specially-affected states to claim that it and other powerful states...
Longtime readers of this blog may have noticed that one of my pet peeves is the incorrect usage of international legal terms in public and diplomatic discourse. Hence, Israel did NOT commit "piracy" during the 2010 Gaza flotilla raid despite lots of governments claiming otherwise. Cuba is not under a "blockade" despite tons of Cuban government propaganda otherwise. So you can imagine my...
President Trump has indicated that he will announce a decision on future U.S. participation in the Paris Agreement later today at 3 pm. Reports suggest that he has already made up his mind to withdraw. That decision is likely to receive extensive attention (not to mention criticism) on the merits. And certainly that attention is warranted. But I believe an...
Last month, I blogged about the Syria War Crimes Accountability Act of 2017, a bipartisan Senate bill “[t]o require a report on, and to authorize technical assistance for, accountability for war crimes, crimes against humanity, and genocide in Syria.” I praised the bill, but pointed out that Section 7(a) was drafted in such a way that it permitted the US to provide technical...
As has been widely reported, 17 international-law scholars -- including yours truly -- recently submitted a 105-page communication to the Office of the Prosecutor alleging that Australia's treatment of refugees involves the commission of multiple crimes against humanity, including imprisonment, torture, deportation, and persecution. The communication is a tremendous piece of work, prepared in large part by the Global Legal Action Network (GLAN) and...
I want to call readers' attention to what should be -- despite my participation -- a fantastic event at City Law School the week after next. Here is the info: City, University of London: The Refugee Crisis and International Criminal Law: Are Australian Agents and Corporate Actors Committing Crimes Against Humanity? City Law School invites you to a panel discussion of international...
The forthcoming issue of the European Journal of International Law will feature an article by Professor Simon Chesterman, the Dean of the National University of Singapore’s Faculty of Law, entitled Asia’s Ambivalence About International Law and Institutions: Past, Present and Futures. This week, Opinio Juris and EJILTalk will hold a joint symposium on the two blogs on Professor Chesterman’s article. The...
After months (or even years) of threats, Ukraine finally filed an arbitration claim against Russia under Annex VII of the UN Convention of the Law of the Sea. According to this statement from the Ukrainian Ministry of Foreign of Affairs, the claim will focus on Russia's actions in the maritime zones bordering Crimea. Since the Russian Federation’s illegal acts of aggression in...
Earlier this week, Julian and I each posted about the international legal issues of the Moon and asteroid mining plans of U.S. companies. Those projects may have sounded like something out of Space 1999 but now we hear of one of China’s near-term priorities that sounds like SeaLab 2020. Bloomberg reports: China is speeding up efforts to design and build a manned...
Earlier today, President Obama took time out during his commencement address at the Air Force Academy to make a pointed plea for the value of treaty-making. Here's the relevant excerpt from his remarks: By the way, one of the most effective ways to lead and work with others is through treaties that advance our interests. Lately, there's been a mindset in...
Underwater archaeologist Peter B. Campbell has a very interesting opinion piece in the New York Times about how archaeological claims are being used as political weapons in sovereignty disputes. He explains: For decades, global powers have been engaged in a race to exploit lucrative marine resources, from oil to fisheries to control of strategic waterways. But they have faced a challenge:...
I have been curious to see how China would respond to yesterday's UNCLOS Annex VII Arbitral Tribunal's ruling finding it has jurisdiction to hear the Philippines South China Sea related claims. Well, the Chinese Ministry of Foreign Affairs was ready with this blistering response: Q: The Arbitral Tribunal established at the request of the Republic of the Philippines rendered the award...
