There's a great article by Professor Adam Goodheart in the New York Times describing how Union Major General Benjamin Butler, a lawyer by training, used the laws of war to help end slavery in America. When three fugitive slaves presented themselves to Butler at Fort Monroe, he had to quickly decide what to do with them. The Confederate...
I am happy to pass along the following announcement for the forthcoming conference at Pace Law School on the use of empirical methods in teaching and writing about international law. Early registration closes this Wednesday, April 6. Here is the message from interest group co-chairs Cindy Galway Buys and Tom McDonnell: The Teaching International Law Interest Group of the...
Have you worked on post-conflict justice issues? Have you been part of a rule of law project in a conflict zone? If so, you may be of help to our colleague Professor Elena Baylis (Univ. of Pittsburgh), who is working on a really terrific empirical project on post-conflict justice. Here is the information from Elena which includes eligibility...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
