Foreign Relations Law

Building on Tom Farer’s insights, my friend Chris Borgen asks if “what we have is more like a grid with varying degrees of multilateralism and unilateralism as well as degrees of interventionism and noninterventionism.” Chris’s grid helps to explain intervention, i.e. when and how to intervene.  He implies that policy is made to reflect and implement ideas about the relationships...

I want to join the rest of Opinio Juris in welcoming Tom; I have read Confronting Global Terrorsm and American Neo-Conservatism with great interest and am looking forward to commenting on it.  As befits someone who, on some definitions anyway, probably counts as a neo-con, I have some disagreements with the book - starting, unsurprisingly, with the definition of neoconservative...

Let me begin the discussion by addressing one of the most important issues addressed in Farer's book: combating terrorism consistent with the Charter. Farer presents the issue of the permissible options for the United States if it discovers that terrorist organizations or individuals are active in country X and planning an attack on American targets. If the...

Eric Posner has a new post at The Volokh Conspiracy, "Surge of Ignorance," in which he quotes a number of New York Times columnists expressing skepticism toward the surge and then links -- in a different color font, for emphasis -- to a NYT article entitled "U.S. Hands off Pacified Anbar, Once Heart of Iraqi Insurgency."  Posner offers no editorial...

There’s so much domestic news these days it would’ve been easy to miss Eric Lichtblau’s story in yesterday’s New York Times about legislation introduced in Congress just before the August recess that would substantially define the scope of the United States’ war with Al Qaeda, et al. Indeed, it’s not clear why the Times itself finally just realized the significance...

My blogging has slowed down the past couple of weeks, because I've been traveling and finishing a book chapter that criticizes Moreno-Ocampo's approach to deciding which situations to investigate.  (See my previous post.)  But I would be remiss if I did not mention this interesting piece of news -- the Fifth Circuit has reversed the district court's dismissal of the...

The blog Futurismic as an interesting post on "viral sovereignty." According to a recent Washington Post op-ed by Richard Holbrooke and Laurie Garrett:  This extremely dangerous idea comes to us courtesy of Indonesia’s minister of health, Siti Fadilah Supari, who asserts that deadly viruses are the sovereign property of individual nations — even though they cross borders and could pose a pandemic threat...

I wrote a couple of weeks ago about my experiences in Georgia in the early 1990s, monitoring the various conflicts - Abkhazia, South Ossetia, and the then-Georgian civil war in Tbilisi.  I noted that those secessionist conflicts were marked on each side by ethnic cleansing as extreme as anything I saw in the Yugloslav wars (a country which I also...

(First, before anything else, a welcome to Eric Posner back to the blogosphere, lately of Slate's Convictions (in the same shutdown that gave OJ the welcome opportunity to snag Deborah Pearlstein) and now of Volokh Conspiracy, where Eric has been posting particularly related to the resurgence of Russia.) I have been writing in my own draft work this summer about the...

I know politics makes strange bedfellows, but this is ridiculous: Two unlikely allies met for breakfast last month in New York to discuss a possible collaboration: Mia Farrow, actress and passionate activist for Darfur refugees, and Erik Prince, founder and CEO of the government contractor, Blackwater Worldwide. Farrow told ABC News that Blackwater, despite its controversial history and allegations of murdering civilians...

I have this gnawing suspicion that the only two law professors deeply interested in battlefield robotics are Glenn Reynolds and me.  Nonetheless, when it comes to battlefield bots and the law, you can take satisfaction that you will have Heard It Here First, unless, of course, you read Instapundit.   As I've said in earlier posts on this subject (and here and...