I am struck by the remarkable number of legal fictions salted throughout our discussion of failed states. All states, of course, are fictions. But the fictional norms of statehood carry with them a series of assumptions of how states will function and how they can be persuaded or compelled to act. Thus, as Chiara discusses at length, the requirement that...
Congratulations to David Bosco and the rest of the folks at American University's School of International Service on the conference over the last couple of days on the future of global governance. I took part on a panel on how to globally govern for which my advice, readers will not be surprised to learn, was very little if at all. That...
In the past few hours, both Jack Goldsmith and Ben Wittes have argued that the Obama administration has "reluctantly" claimed that the ACLU/CCR lawsuit must be dismissed because of the state-secrets privilege. Here, for example, is Ben: This is not in any sense a chest-thumping invocation of the privilege but a most reluctant one that quite overtly attempts...
The Obama administration recently filed its motion to dismiss the ACLU/CCR lawsuit that seeks to enjoin the government from using lethal force against Anwar al-Aulaqi. Predictably, the motion relies on a potpourri of reasons why no court should ever review the lawfulness of Obama's determination that an American citizen abroad should be summarily executed, including everyone's favorite "state secrets" privilege. ...
Bobby Chesney has graciously responded at Lawfare to my post about detention in non-international armed confilct (NIAC). Unfortunately, I think Chesney's response not only misconstrues what Steve Vladeck and I have been arguing, but also demonstrates some important misconceptions about IHL. To begin with, we need to understand exactly what we are arguing about. As Steve pointed out in one of...
One way to build political coalitions for greater use of international law in the U.S. would be to use international law to advance political goals of folks who would otherwise be suspicious of international law. So I wonder if there is some reason to think liberal internationalists would be willing to embrace the argument made in a recent book by...
Here is the letter of the EU Ambassador to the US to Virginia Governor Robert McDonnell protesting the (then) imminent execution of Teresa Lewis, among other international voices attempting to win commutation for the convicted killer. Obviously the effort failed. I'm not sure that there has been any episode in which one can establish a causal link between such international...
Chiara Giorgetti devotes a good part of her book to the reactions of the international community, and the tools available to it, with regard to the lack of a functioning government in Somalia since 1991 and the consequent ripple effects that the failure of functioning governance there has produced on other countries. The example she gives of the management of Somali...
President Obama's UN General Assembly speech this morning highlighted the place of civil society as an agent of progress: Civil society is the conscience of our communities, and America will always extend our engagement abroad with citizens beyond the halls of government. We will call out those who suppress ideas, and serve as a voice for the voiceless....
The U.S. Congress is just about to have their much-dreaded midterm elections, and they will probably not do much before November 2 except to spend millions of dollars on annoying campaign ads. But it looks like before they break for the election, Congress may vote on two bills that may violate U.S. obligations under the WTO and NAFTA. First, Congress is...
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...
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...
