In association with the International Commission of Jurists

Symposium: The Death of Treaty Supremacy-An Invisible Constitutional Change

12 Feb

This week, we are hosting a symposium on The Death of Treaty Supremacy: An Invisible Constitutional Change the latest book from David Sloss, Professor of Law at Santa Clara University. The book was published last fall by Oxford University Press and the American Society of International Law recently selected the book to receive the 2017 Certificate of Merit for a Preeminent Contribution to Creative...

|
08 Feb

[Benjamin Nussberger is a PhD student and research fellow at the Institute for Peace and Security Law at University of Cologne. He is currently pursuing a LLM degree at Columbia Law School.This post is a response and addendum to Professor Helal’s post Crisis in The Gambia: How Africa is Rewriting Jus ad Bellum.] The Security Council did it again. Intentionally? No...

|
08 Feb

The legal battle over President Trump’s recent executive order has cast a spotlight on the president’s broad and potentially abusive powers over U.S. immigration laws.  But it is worth remembering that this power can be used in many different ways, including in ways that the President’s critics would support.  This past December, Congress delegated to the president broad discretionary powers...

|
04 Feb

Kill me: Funding will be taken away from any organisation that is "controlled or substantially influenced by any state that sponsors terrorism" or is behind the persecution of marginalised groups or systematic violation of human rights. The order has singled out peacekeeping, the International Criminal Court and the United Nations Population Fund. The UNPFA targets violence against women, fights to keeps childbirth and abortion,...

|
03 Feb

[Jonathan Hafetz is Professor of Law at Seton Hall University School of Law.] President Trump’s recent executive order temporarily barring the entry of refugees and others has provoked widespread protests, inflicted unnecessary suffering, and undermined the United States’ reputation across the world.  Several district judges have temporarily blocked its enforcement, at minimum preserving the status quo (by halting the removal of...

|
01 Feb

Because I am on sabbatical this semester, I have been lying low during these first few (very busy!) weeks of the Trump administration.  But I have noticed that the sheer volume of Trump administration actions, and reactions to its actions, is confusing both its supporters and its critics.  While Trump has already taken actions that are worthy of severe criticism...

|
24 Jan

[Dr. Mohamed Helal is an Assistant Professor of Law, Moritz College of Law & Affiliated Faculty, Mershon Center for International Security Studies – The Ohio State University.] Academic writing and political commentary on jus ad bellum are overwhelmingly focused on the policies, practices, and positons of major military powers. Countries such as the five Permanent Members of the UN Security Council,...

|
23 Jan

Finally, a Republican bill we can all get behind! The American Sovereignty Restoration Act of 2017: A bill was introduced to the House of Representatives in early January that, among other things, calls for the United States to withdraw from the United Nations. Sponsored by Senator Mike Rogers, the American Sovereignty Restoration Act (aka H.R. 193) had been previously introduced by the...

|
19 Jan

[Simon Chesterman is Dean of the National University of Singapore Faculty of Law. He is also Editor of the Asian Journal of International Law and Secretary-General of the Asian Society of International Law. Educated in Melbourne, Beijing, Amsterdam, and Oxford, Simon’s teaching experience includes periods at Melbourne, Oxford, Columbia, Sciences Po, and New York University.] An academic learns most through errors...

|
18 Jan

[Judge Xue Hanqin is a judge on the International Court of Justice. This post is part of a joint Opinio Juris/EJIL:Talk! symposium. For the latest symposium post on EJIL:Talk!, click here.] The rise of the new economies, particularly those in Asia, has caused considerable apprehension in the West. The concern is not just about shift of wealth to the East, but...

|
17 Jan

[B.S. Chimni is Professor of International Law at Jawaharlal Nehru University, New Delhi.This post is part of a joint Opinio Juris/EJIL:Talk! symposium. For the latest symposium post on EJIL:Talk!, click here.] In the current issue of European Journal of International Law Professor Simon Chesterman has written an important essay on the Asian approach to international law and international institutions, addressing in...

|