General

So thanks for the opportunity to exchange on my new book Humanity's Law.  I have been following the relationship of law to post conflict and political transition for many years now.  The puzzle that occasioned this book was the apparently expanding role of law in periods of conflict, and the way the law at issue departed from traditional international law...

We’re pleased this week to host a discussion of Ruti Teitel's new book, Humanity's Law, just out from Oxford University Press.  Ruti is Ernst C. Stiefel Professor of Comparative Law at New York Law School, where she directs the Institute for Global Law, Justice, & Policy.  She is also Visiting Professor, London School of Economics. The book is a major contribution...

The eurozone is on the verge of meltdown, taking whole economies and banking systems with it, and spreading to the US through the systemic interwiring of the international financial system.  Or not.  European meetings to avert disaster are coming unglued and the moment when the markets simply stop turning over debt and re-lending is finally at hand, with a tipping...

Opinio Juris learns with sadness of the passing of Judge Antonio Cassese, one of the pioneers of international criminal justice, following a long battle with cancer.  If you like, leave any remembrances or tributes in the comments.  For my part, I remember Judge Cassese most from the 1980s, at various international humanitarian law meetings, and then particularly around the time...

As yesterday's killing of Libyan dictator Muammar Gaddafi is celebrated in Libya and around the world, we should take a moment to ponder what it means for the long quest to discover the truth about the bombing of Pan Am Flight 103. I write this from the perspective of a former State Department lawyer who had been assigned to the...

A quick follow-up to Chris' post below - this started as a comment, but got too long, so I'm putting here as a general comment.  The question is one that many of us have asked from the outside, why the CIA in the conduct of drone operations?  And the implied broader questions, is it legal and anyway why is it a good policy idea, even if it is legal, for the CIA to be engaged directly in use of force operations?  The comment that follows is not attempting to defend a position; I'm just repeating in summary form what I've been told over the last few years by people here in Washington when I've asked these questions.  Take them for what they are worth; I'm not an insider to government and have no access to anything secret of any kind.  (Also, I would love to know Bobby Chesney's answers to the same questions, as an side inquiry to his project examining the legal issues in the merger of Title 10 and Title 50 operations - even just an informal comment on this would be useful.)  It goes on for a while, so I'll put it below the fold.

Just a quick note on the news reports about the internal Obama Administration legal debate over the use of cyberattacks in the Libya conflict. These reports seem to confirm Stewart Baker's complaint that cyberwar capabilities are being shaped by legal concerns as much as, if not more than, policy goals.  Two small observations: 1) Following David Fidler's point here, how is...

Over the weekend, I read Amy B. Zegart’s new short book, Eyes on Spies, which deals with the persistent failures of Congress to engage in effective intelligence oversight.  (The book is in a Hoover Institution Press series that features short books — brisk and brief, readable in a single plane flight — focused on a single topic.)  I think the book is excellent and here is my review. A short bit:

Congratulations to Professor Robert Sloane and BU Law School for a fine conference yesterday, “Ten Years In: Appraising the International Law of the ‘Long War’ in Afghanistan and Pakistan.” The conference was co-sponsored by the ASIL Lieber Society and the Naval War College. Update: Peter Margulies contributed a terrific summary of the panel sessions, posted here at Lawfare. The first panel addressed the future of COIN, and it included Professor Andrew Bacevich — not a lawyer, of course, and instead speaking as a well-known strategist, and lending an important interdisciplinary voice.  He offered a blistering critique of COIN (and pretty much every other strategic option as well, including counterterrorism via drones, I should add).  I was part of the second panel, on targeted killing and drones.  Michael Schmitt of the Naval War College offered a vigorous defense of drones as being essentially like any other weapon system, and on this occasion, at least, it was interesting to see how much agreement there was between him and Human Rights First’s Gabor Rona.

[Rishi Gulati lectures on Public International Law at the University of New South Wales in Australia.] At 9.24am on 12 October 2011, surrounded by chants of “democracy is dead”, a suite of 19 bills (the Clean Energy Bills or the Carbon Tax Bills) were passed in the Lower House of the Australian Parliament. It must be borne in mind that those 19 bills won’t...

David Bosco, my American University colleague and author of the always interesting The Multilateralist blog at Foreign Policy, has posted an interview between him and Joel Wuthnow (Princeton’s China and the World Program) on China’s diplomacy at the UN Security Council.  Among many interesting exchanges, this comment on China’s overall role in the world: The mainstream thinking in Beijing is that China should avoid...