Update: I have had a chance to watch the video twice — I strongly recommend watching it, as it adds considerable language to the statements in the ASIL press release. Given how much I have pressed publicly for a statement by the administration’s lawyers, I want to say this much even while I’m still doing a careful lawyerly parsing of...
(Note: I hear Rumors, Unverified Gossip, and Speculation that Legal Adviser Koh will give a formal statement of views on targeted killing and drone warfare at his keynote address at ASIL this week. I would certainly welcome such a statement, of course - I hope that it would be sufficiently broad so as to encompass what the President is actually...
I'm not much of an Obama fan -- though I think the health care bill is a step in the right direction -- but at least I'm not certifiably insane. From a recent non-partisan Harris poll: 67 percent of Republicans (and 40 percent of Americans overall) believe that Obama is a socialist. 57 percent of Republicans (32 percent overall) believe...
FADE IN: INT. KEVIN'S OFFICE -- DAY KEVIN (obscenely young, ridiculously handsome) sits at his desk, poring through archival material. An AUSSIE STUDENT (even younger, not as handsome) enters. AUSSIE: Hey, sorry to interrupt. Just wanted to say congratulations. I heard the U.S. passed universal health care. KEVIN: Thanks, but it's not actually universal. More than 20 million people still won't have health insurance. AUSSIE:...
The general consensus among comments to my post last week on the previously-unacknowledged U.S.-Japanese security agreements was "no big deal." These pacts reinforce an already well-developed practice of states doing deals--whether legally binding or political commitments--without U.N. registration or public disclosure. Similarly, they reinforce existing views of Executive authority to conclude sole-executive agreements on defense-related matters for the United States. So, if everyone's OK with such...
Ilya Somin has a characteristically thoughtful post on the shortcomings of the U.N. system for promoting human rights and of international human rights law more generally, as seen in the recent hapless efforts of the U.N. Human Rights Council to protect Iranians from repression by their own government. The bottom line is that the main weaknesses of the international human rights...
Here is another persuasive account of why the U.S. is disadvantaged by not joining the UN Convention on the Law of the Sea. The case is fairly simple: There is a lot of oil and natural gas up there, and the U.S. can't negotiate with other countries to divvy it up until it signs on to UNCLOS. The 5.5 million-square-mile area...
Given our past discussions about State Department Legal Adviser Harold Koh on this list, I thought I'd pass along word of an upcoming event some might find of interest. My colleagues at the American Bar Association's Standing Committee on Law and National Security are hosting a breakfast discussion with Koh this coming Tuesday, March 16, from 8:00-9:00 a.m. ...
The always knowledgeable Marko Milanovic, responding to an earlier post of mine, reviewed the possibility of an international tribunal resolving the Falklands dispute here, and concludes that no court decision will happen because "...
I doubt it has a chance of passing, but it would be interesting to see how many votes this bill will get: A small group of U.S. lawmakers unveiled legislation on Thursday to withdraw from the North American Free Trade Agreement in the latest sign of congressional disillusionment with free-trade deals. The bill spearheaded by Rep. Gene Taylor, a Mississippi Democrat, would...
Cross-posted at Balkinization This morning’s papers bring news from anonymous administration officials that “President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal.” See The Post’s story here. While I always take such preview reports with a grain of salt (is it an official...
Wow! It's not a done deal, but it sure looks like Khalid Sheikh Mohammed is going back to a trial before a U.S. military commission, the Washington Post reports. President Obama's advisers are nearing a recommendation that Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, be prosecuted in a military tribunal, administration officials said, a step that...
