Foreign Relations Law

It takes a special kind of stupid to be Pat Buchanan.  Last night, in response to a question from Rachel Maddow about whether his hostility to elevating a Latina to the Supreme Court makes sense given that 98% of Justices (108/110) have been white, Buchanan said: "White men were 100% of the people that wrote the Constitution, 100%...

Related to Ken's earlier post, Amos Guiora has a piece up at Foreign Policy describing the legal analysis he applied when advising the Israeli Defense Forces on targeted killings of terrorists. He argues that international law permits targeted killing when certain conditions are met: The decision to use targeted killing of terrorists is based on an expansive articulation of the concept...

Thanks, Eugene, for the thoughtful reply.  I look forward to your subsequent posts and will leave a more substantive reply until then.  For now, I just wanted to offer a few thoughts. 1. I don't think anyone should feel "better" if removing the settlers qualified "only" as a crime against humanity, instead of as genocide.  Both are incredibly grave crimes, and...

I thank Kevin for his extensive and thoughtful response to my post. You touched on many issues which I hope to address systematically in subsequent posts, such as the illegality of the settlers presence. I'm going to try to avoid getting into those issues right now, since this post (like yours before it) is already quite long. I apologize in...

[Rene Uruena is Assistant Profesor and Director of the international law program at the Universidad de Los Andes in Bogota, Colombia. He is also a Fellow at the Centre of Excellence in Global Governance Research, University of Helsinki.] Last year, Colombian armed forces bombed a guerrilla camp a couple of miles into Ecuadorian territory. After some diplomatic tension at the OAS, everyone made...

First of all, welcome back!  I always enjoy your contributions to OJ (and your scholarship generally), even when I disagree with you.  So I hope you won't think me too ungracious a host if I raise some (pointed) questions about your most recent post.  I would be genuinely curious to hear your responses. I am, as I have pointed out ad...

As widely reported, in Moscow yesterday President Obama and Russian President Medvedev signed a Joint Understanding for the Start Follow-on Treaty. Here's how the White House fact sheet describes it: On April 1, Presidents Obama and Medvedev agreed in London that America and Russian negotiators would begin work on a new, comprehensive, legally binding agreement on reducing and limiting strategic offensive...

The National Research Council of the National Academies has just about finalized a lengthy report on cyberattacks--Technology, Policy, Law, and Ethics Regarding U.S. Acquisition and Use of Cyberattack Capabilities.  William A. Owens, Kenneth W. Dam, and Herbert S. Lin edited the study on behalf of a 14 member committee and a 5 member staff.  It should be available in hard...

I have ignored Obama's refusal to take concrete steps to end formal discrimination against gays and lesbians, because it's not really the subject of this blog.  But I have followed his gradual abandonment of his campaign promise to end "Don't Ask, Don't Tell" with increasing concern.  It seems clear that he has no real stomach for taking on the military...

Thomas Barnett has pointed out a map in Business Week that is coded for the sovereign bond rating of each country (the map is a click-through from this page).  What Barnett calls the "Old Core" (the U.S.,  Canada, western Europe, etc.) tend to have the highest ratings, the "New Core" (Brazil, Russia, India, China and other rising powers) have the...

Ordinarily I wouldn't post the table of contents for a symposium in an international law review, but let me herewith make an exception: 10 Chicago Journal of International Law 1 (Summer 2009) Symposium: GREAT POWER POLITICS The Language of Law and the Practice of Politics: Great Powers and the Rhetoric of Self-Determination in the Cases of Kosovo and South Ossetia Christopher J. Borgen 10 Chi...

Cross-posted at Balkinization Various developments on the resolution-of-Gitmo front to discuss. First a quick note on a recent signing statement. Then on to rumors of a contemplated executive order on detention issues. The war spending bill I recently mentioned barring the president from bringing any current Gitmo detainees to the United States was signed into law by the President...