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01 Jul UN Ombudsperson Kimberly Prost to Leave Post in July
Kimberly Prost, the current UN Ombudsperson, will be leaving her post in mid-July when her term expires. However, no replacement has been appointed, nor has the UN implemented a transition plan for her eventual successor. The issue of what will happen to the current cases before the office, or to individuals who are unlucky enough to apply for delisting after July 14 is significant. It highlights the fragility of this important institution at the UN, and suggests that not all member states wish it to function effectively. Despite the considerable...02 Jul Guest Post: The Law of Occupation in the New DOD Law of War Manual
[Gregory H. Fox is Professor of Law and Director of the Program for International Legal Studies, Wayne State University Law School.] In the aftermath of the Iraq occupation, a vigorous debate began over the legitimacy of the Coalition Provisional Authority’s (CPA) vast reform of Iraqi legal, political and economic institutions (see Gregory H. Fox, The Occupation of Iraq, 36 Geo. J. Int’l L. 195 (2005)). Adam Roberts coined the term “transformative occupation” to describe occupations whose very purpose was to alter local institutions. In Roberts’ (and others’) telling, transformative occupations...14 Jan Recognition of the Venezuelan National Assembly under International Law
As I noted in a recent post, on January 4th, the Lima Group decided not to recognize “the legitimacy of the new presidential term of Nicolas Maduro” as President of Venezuela. On January 11th, Venezuela’s National Assembly declared itself the “sole Legitimate Power of Venezuela before the International Community” (all unofficial translations my own). Soon after, the Assembly’s Chairman, Juan Guaidó, called upon the international community to “achieve the effective establishment of the transitional Government”. Barely 20 minutes later, OAS Secretary General, Luis Almagro (not a stranger to foreign policy...
14 Mar An Off-Ramp for the War in Ukraine
...not be pressured by the West into accepting an outcome that rewards a war of aggression. In the end, a settlement will be possible when other options become unavailable or less attractive to the parties to the conflict. This will be the case when outright victory seems unlikely for both sides, or when the losses and sacrifices imposed upon them by a continuation of the conflict become unbearable. There are clear red lines within a rules-based system that cannot be transgressed. These include territorial integrity, freedom to determine foreign policy,...11 Jul Goldsmith and Katyal Propose a “National Security Court”
...a reasonable review of the status of persons of concern to determine whether they are POW’s, security detainees, or civilians. Rather than a special court, if we do not trust the discretion of our leaders, might I suggest that Congress frame clearer language as to when people are to be released in the event that the “cessation of hostilities” type standard is considered too difficult to apply in a “War on Terrorism” of indeterminate scope and duration. Might I suggest that a national security court is really another phrase for...29 Mar Symposium: Osofsky Reply to Knox
...to address the interrelated crises facing international law and climate change regulation. Most relevant to my response to John, that piece draws from geography to propose a taxonomy of international legal theory approaches based on how they view nation-state spaces: Westphalian, modified Westphalian, pluralist, and critical. I define each of those terms in detail in that piece, and will focus my discussion here on the terms most relevant to John’s and my interchange. The thought piece included in this symposium, Climate Change as Legal Pluralist Dialogue? (which will be published...
17 Apr Symposium on International Conflict and Security Law: A Research Handbook – International Peace through International Law
...legal scholars, as a tour de l’horizon across a variety of timely global phenomena for researchers, as an inspiration for international lawyers and policy makers to develop further international law, both in terms of codification and implementation, and make the world a safer place. This review touches upon five of the book chapters, adding a few thoughts to their otherwise excellent structure and coverage, without pretending to examine the many other essential issues reflected in the book. Anicée Van Engeland’s chapter “Human Rights: Between Universalism and Relativism” is engaging, ground-breaking...