North America

[Victor Kattan is Senior Research Fellow of the Middle East Institute at the National University of Singapore where he heads the Transsystemic Law Cluster. He is also an Associate Fellow of NUS Law and an associate (non-resident) member of Temple Garden Chambers in London.] Palestine’s Application Instituting Proceedings against the United States of America (U.S.) at the International Court of Justice (ICJ) on 28 September has produced much commentary in a short...

[Katayoun Hosseinnejad is a university lecturer of international law and attorney at law in Iran and Pouria Askary is an assistant professor of international law at law school of ATU and a visiting professor of law at Islamic Azad University and Tarbiat Modarres University.] On May 10, two days after the US President pulled his country out of the Joint Comprehensive Plan of...

[Matt Pollard is a Senior Legal Adviser for the International Commission of Jurists (ICJ) in Geneva, Switzerland.] The Canadian Parliament is currently considering Bill C-262, “An Act to ensure that the laws of Canada are in harmony with the United Nations Declaration on the Rights of Indigenous Peoples”. The draft legislation is a “private member’s bill” introduced by an individual Member...

You go to war with the President you have, not the President you wish you had. We should keep that basic truth in mind as the US inches ever closer to war with Syria -- and potentially with Russia, a far more terrifying possibility. Donald Trump does not care about civilians in Syria. He does not care about containing the spread...

Very significant news out of the ICC today: after a decade-long preliminary examination, the OTP has finally decided to ask the Pre-Trial Chamber to authorize a formal investigation into the situation in Afghanistan. Here is a snippet from Fatou Bensouda's announcement: For decades, the people of Afghanistan have endured the scourge of armed conflict.  Following a meticulous preliminary examination of the...

I've got a new draft article up on SSRN (you can download it here) entitled China and the U.S. Strategic Construction of Cybernorms: the Process is the Product.  It was written for a really great inter-disciplinary workshop held at Stanford Law School earlier this Spring by the Hoover Institution's National Security, Technology and Law Working Group (which is chaired by...

The estimable professor-pundit Daniel Drezner has a typically smart blogpost on President Trump's refusal to affirm the U.S. commitment to Article 5's collective defense provision of the North Atlantic Treaty.  I don't have a problem with his views here, but I can't help jumping in to correct this paragraph from his post: So why is this such a big deal of a story? The United...

Last month, Just Security published a long and thoughtful post by Rebecca Ingber with the provocative title "International Law is Failing Us in Syria." The international law she is talking about is the jus ad bellum -- the illegality of unilateral humanitarian intervention (UHI) in particular. In her view, the failure of the international community to use force to end the...

Finally, a Republican bill we can all get behind! The American Sovereignty Restoration Act of 2017: A bill was introduced to the House of Representatives in early January that, among other things, calls for the United States to withdraw from the United Nations. Sponsored by Senator Mike Rogers, the American Sovereignty Restoration Act (aka H.R. 193) had been previously introduced by the...