Things are continuing to gear up here in the United States for the big foreign affairs law case of the year -- U.S. v. Bond, which, among other things may allow the U.S. Supreme Court to revisit one of its most significant foreign affairs law cases ever - Missouri v. Holland. Bond asks two questions: (1) whether the Constitution limits...
Ryan has a fascinating but problematic post today at Just Security in which he takes international-law scholars to task for opportunistically flip-flopping on whether the US is involved in an armed conflict with al-Qaeda. Here is the crux of his argument, taken from the post's introductory paragraph: Those arguments have been inconsistent with regard to one fundamental legal question: whether the...
Just Security is officially up and running. The lineup of contributors is amazing: the Editors-in-Chief are Steve Vladeck and Ryan Goodman; the Executive Editors are Mary deRosa, the ACLU's Jameel Jaffer, Fionnuala Ni Aolian, and Beth Van Schaack; and the Founding Editors are too numerous too mention but all extremely well known. (I won't play favorites by naming some of...
Eric Posner has a new Cassandra column at Slate, this latest one foretelling the doom of the ICC. There isn't much point in disagreeing with his basic thesis; no one knows at this point -- not him, not I -- whether the ICC will succeed. It is possible, however, to take issue with a number of assertions that Posner makes in...
According to Reuters, the US is dropping hints that it will grant Omar al-Bashir a visa to travel the UN for the annual meeting of the General Assembly: A senior State Department official said Bashir would "not receive a warm welcome" if he were to travel to the U.N. meeting. The official said Bashir had applied for a visa to attend...
On both twitter and the blog, readers seem to have inferred from my previous post that I'm somehow disappointed that the US-Russia chemical-weapons deal does not automatically allow force for noncompliance. I suppose that's my fault; I tend to assume when I write that readers have at least some prior knowledge of my politics. So let me be clear: I am...
That's the tally in light of the deal that has been reached regarding Syria's chemical weapons. The US position was that any agreement had to permit the use of force against Syria in case of noncompliance. But the US-Russian deal simply calls for the Security Council to consider the consequences of noncompliance under Chapter VII; it does not commit the...
Apparently not, because yesterday's war propaganda editorial by Sebastian Junger beating the drum for attacking Syria is just spectacularly awful. I've been out of the fisking game for a while, but the editorial simply can't pass unmentioned. Every war I have ever covered — Kosovo, Bosnia, Sierra Leone and Liberia — withstood all diplomatic efforts to end it until Western military action...
In From Apology to Utopia, Martti Koskenniemi mapped how international legal rhetoric can be used to “apologize” for power—to provide a fig leaf over the rude exposure of realpolitik—and how it can be utopian—making rules for a world that does not actually exist. This week we have had two examples of international law and high politics: President Obama’s speech on Tuesday and Vladimir Putin’s...
I've been following Argentina's travails in the U.S. courts with great interest, even penning an oped on the subject back in January on their standoff with sovereign debt creditors in Ghana. Argentina and the so-called "holdout" creditors have been battling out their dispute in the federal courts of New York for years. So it is interesting to note that Argentina...
In his speech yesterday, Obama predictably took credit for the latest developments regarding Syria's use of chemical weapons: In part because of the credible threat of U.S. military action, as well as constructive talks that I had with President Putin, the Russian government has indicated a willingness to join with the international community in pushing Assad to give up his chemical...
With the focus now on the Russian proposal to bring Syrian chemical weapons under “international control,” questions that remain include how would this actually work? Who would take control? One likely participant in the implementation would be the Organisation for the Prohibition of Chemical Weapons (OPCW), the implementing body for the Chemical Weapons Convention (CWC). From the OPCW website: As of today...
