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...could be unenforceable under international law. If Ukraine joins the European Union, the EU’s exclusive competence over trade and investment policy (Article 207 TFEU) could supersede or require renegotiation of the Agreement to align with EU law. This raises additional uncertainty about the Agreement’s long-term enforceability and Ukraine’s ability to unilaterally manage its mineral resources under EU trade regulations. Rather than securing Ukraine’s long-term development, the US–Ukraine Framework Agreement on Rare Minerals reflects the extractive opportunism of purported allies who have undeniably contributed to Ukraine’s current condition. By locking Kyiv...

So how will the mid-term elections affect international relations? Here are my predictions of ten things to look for in the next two years: 1. House investigations on the war in Iraq. 2. House spending limits on the war in Iraq. 3. Cabinet level changes. 4. Democratic infighting about the road ahead in Iraq. 5. Trade Promotion Authority is not renewed. 6. Doha is signed in June 2007, on eve of TPA expiration. 7. Sharp congressional confrontation on executive power. 8. Stevens retires, and Bush appoints successful moderate conservative. 9....

Cesare Romano Let's assume for a moment that it does authorize to stop and search North Korean vessels. What if North Koreans hide their wares on military ships? Does it apply even to those? The LOS Convention is absolutely clear that no one has the right to S&S military ships (Art. 95). Let’s say that the Security Council can override that norm (which is arguably also customary law). The fact is that S&Sing military vessels is very risky, and if I were god ole' Kim I would use them to...

...best person to assume the post in January 2017. By tradition, the post rotates amongst different geographical areas of the world, and the next Secretary General would, under this system, come from Eastern Europe. Because of tensions at the UN between Russia and Western States, however, many predict it will be impossible to find a candidate acceptable to all. The proposal for implementing a merit based search with multiple candidates, and for a non renewable 7 year term therefore comes at an excellent time. Member states should take up the...

...of being investigated by the ICC. This will delight most Israeli's and supporters of Israel. Eugene thank you for pointing out the additional paragraphs missing from Kevins post. They offer good clarification on the OTP's position re the term "occupation" being used to describe Israels actions against Gaza. Many appreciate having the full picture to prevent being mislead. Kevin Jon Heller Wishful thinking, pure and simple. The OTP could not have concluded that there is reason to believe Israeli soldiers committed war crimes under 8(2)(a) and (b) if it did...

on what it does and not just what it says. Susan Yoshihara, PhD Director, International Organizations Research Group VP/Research, C-FAM Piero Tozzi With regard to Mr. Francesco Messineo’s assertion that “Amnesty International never stated that there is an international human right to have an abortion,” and the suggestion that I have been “intellectually dishonest” (!!), I offer the following points for your consideration. 1) As recently as 2005, Amnesty took the position in its published works that “There is no generally accepted right to abortion in international human rights law.”...

...to affect things in a noticeable way (read today's reporting on the front page of the LA Times). The somewhat 'detached' tone adopted by al-Jazeera may reflect the better part of discretion when it comes to considering the impact a more thoroughly demonized portrayal of mythic proportions might have in the long term. For better and worse, the term 'terrorist' has been emptied of meaningful referent and moral approbation in the Middle East owing to its overuse and indiscriminate employment in popular and political discourse. For instance, those who fought...

...to apply. He reiterates that international human rights law is also binding upon a State in respect of any person subject to its jurisdiction, even when it acts outside its territory. Military detention facilities are considered in Chapter II. In the context of detainees at Guantánamo Bay, the Special Rapporteur concludes that the categorization of detainees as “unlawful enemy combatants” is a term of convenience without legal effect. He expresses grave concern about the inability of detainees to seek full judicial review of determinations as to their combatant status, which...

...Bell probably used the term colloquially NOT in the authoritative-subordinate sense. There is not sufficient evidence that he used the term incorrectly, and given the overall tone, substantial contextual evidence that he did use the term in an acceptable fashion. Kevin Jon Heller Yes, nothing suggests the "ICC Declares War on Israel" quite like a decision requesting the OTP to consider re-opening an investigation while acknowledging they are under no obligation to do so... sebbysteiny Hi Kevin I have read a few of your blogs and am thinking about starting...

...doesn’t “see” them. A reprisal is indeed hard to see because it hardly ever happens; it’s the threat of the reprisal that enforces the law.To SETH WEINBERGER: Of course international law reflects what states in the aggregate want to do. If it didn’t, it would have been a non-starter five thousand years ago. The only real difference is between long-term and short-term interests, which can vary from state to state and from time to time. State A may be in favor of rule R as a long-term general proposition, but...

...out in their introductory remarks. The treatment of personal self-defence in rules of engagement illustrates the problem. Rules of engagement Rules of engagement (ROEs) typically distinguish between three levels of self-defence: national, unit and individual (see Sanremo Handbook on Rules of Engagement, p. 3). These three categories feature prominently in the Standing Rules of Engagement for US Forces (SROE) promulgated by the Chairman of the Joint Chiefs of Staff (SROE, pp. 88–89). The SROE define national, unit and individual self-defence in the following terms: Inherent right of self-defense. Unit commanders...

Over the weekend, Stuart Taylor joined the cast of conservative legal commentators (see also Jack Goldsmith, Ben Wittes, Jack Goldsmith and Ben Wittes) offering advice to the incoming Obama Administration on how to right the legal ship of security and state. Taylor’s reasonable jumping-off point: the actual security threats against the United States. President-elect Obama’s announcement of his (mostly) stellar national security team coincides with the release this week of a bipartisan commission report with this chilling assessment of the most important challenge that team faces: “Without greater...