In association with the International Commission of Jurists

General

31 Mar

Tomorrow, the Center for International and Comparative Law (CICL) of St. John's University School of Law will have its inaugural symposium. Peggy and I are CICL's Co-Directors, and we are looking forward to what we hope will be a great kick-off. The symposium, entitled Challenges to International Law, Challenges from International Law: New Realities and the Global Order, is co-sponsored by...

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30 Mar

The UN Security Council's approval of the no-fly zone over Libya serves to answer the thorniest jus ad bellum questions, but there are also jus in bello questions that need to be answered. Most importantly, what kind of conflict is this? Before the UN became involved, the conflict was clearly a conflict "not of an international character" (NIAC) between...

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29 Mar

I don't have anything of my own to add to the very instructive debate underway over Congressional authority and war powers, and actions authorized by the Security Council under Chapter VII.  However, to go with the terrific interventions by Michael Ramsey and others, I wanted to flag Michael Glennon's 1991 AJIL article on this topic, which he has now put...

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28 Mar

In previous posts I’ve argued that the U.S. intervention in Libya requires congressional approval under the Constitution’s original meaning and that there’s no longstanding uncontested precedent that would warrant departure from that meaning.  Here I’ll consider the significance of UN Security Council Resolutions 1970 and 1973, calling for a cease fire by the Libyan government and authorizing nations to use...

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27 Mar

I'm in Los Angeles, on my way home to Melbourne.  I had not attended an ASIL conference in five years, since I was teaching at Georgia, and I'm very glad I attended this one. I met a number of interesting people, including some with whom I've had a virtual friendship for a number of years.  (I still have not met...

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25 Mar

My previous post argued that the original meaning of the declare war clause requires the President to get Congress’ approval before beginning military conflicts (including the current conflict in Libya).   I’ll now turn to two leading counterarguments: first, that Presidents have routinely engaged in low-level conflict without Congress’ approval; and second, that the President’s action to enforce a resolution of...

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24 Mar

Greetings from Washington, where several OJ bloggers are attending the American Society of International Law Annual Meeting.  Congratulations to the meeting co-chairs and organizing committee for putting together a terrific program.  If you are attending the meeting or in Washington, please stop by The Bar at the Ritz-Carlton for an informal gathering of the OJ team at 7:00 pm tonight,...

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23 Mar

I appreciate the opportunity to guest blog on the Constitution and the Libya intervention.  In a post at Slate, Jack Goldsmith says that the Constitution’s original meaning in this area is “indeterminate.”  I respectfully disagree:  I think congressional approval is clearly required.  In this post I’ll set out my basic argument, and in the next one I’ll consider leading counterarguments. Every...

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23 Mar

We are pleased to welcome Michael Ramsey back to Opinio Juris, this time as a guest blogger. Mike is a Professor of Law at the University of San Diego Law School where he teaches U.S. Constitutional Law, Foreign Relations Law and International Business Transactions. His scholarship often focuses on U.S. foreign relations; he is the author of The Constitution's Text...

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23 Mar

Can the coalition forces using force in Libya under the Security Council’s authorizing resolution lawfully target Gaddafi personally?  This question has provoked some heated back and forth among political leadership of several coalition countries, including the US and the UK: Yesterday a war of words erupted between the U.S. and Britain after the U.K. government claimed Muammar Gaddafi is a legitimate target for...

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22 Mar

Although the publicly available information indicates that there is cause for concern about how Private Manning is being treated, and an impressive array of legal academics and others have signed the Ackerman/Benkler letter condemning that treatment, there are two reasons why I hesitate to join them. My first reason for hesitancy is best illustrated by the letter's use of...

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22 Mar

In case you weren't aware, Eric Posner is discussing his and Adrian Vermeule's new and highly provocative book, The Executive Unbound, in a series of posts this week at Volokh Conspiracy.  The Libyan conflict has unsurprisingly raised the stakes over this discussion - Eric is engaging with vigor, and linking up the book's argument to current events and arguments.  Well...

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