National Security Law

I am a big fan of Laura Rozen's work over at The Cable blog on foreignpolicy.com.  She posted a piece late Monday, "Getting to Yes on Middle East Peace Talks," which offers a brief but fascinating peek into the art and science of mediating protracted conflicts -- a topic I have written about here and here....

So says the headline of a WSJ news article today (Monday, August 24, 2009, B1, by August Cole), noting that unmanned aircraft - drones such as the Predator to us civilians, although the Pentagon seems to prefer UMV - are transforming not just the military, strategic as well as tactical considerations, but defense contracting.  (PopSci ran a story a little...

I want to offer a few thoughts on Dean Edley's email, which I appreciate Deb posting.  I am much less impressed by his reasoning than Deb appears to be.  (And please, Deb, correct me if I am wrong about that.) At the outset, it is important to note that I think Dean Edley's conclusion -- that Yoo cannot be fired, at...

The Office of the U.S. Trade Representative frequently does impressive work; witness the U.S. WTO victory this week over China.   But when it comes to openness and transparency, USTR's efforts do not have the same shine; this is an agency notorious for its resistance to traditional inter-agency procedures (e.g., the C-175 procedure), let alone opening up its work to the public eye.   So, I...

In case this is of interest to Opinio Juris readers, I want to point out that I have a new essay posted to SSRN entitled Hearts and Minds and Laws: Legal Compliance and Diplomatic Persuasion. Here's the abstract: This essay, written for the South Texas Law Review’s Ethics Symposium, considers the role of international legal argument in the war on terror...

Baitullah Mehsud, the Taliban commander who orchestrated, among many other things, the assassination of Benazir Bhutto and many other atrocities, is dead.  The initial, somewhat confused reports expressed some doubts, but experts are gradually concluding that a US Predator missile strike killed him. At the strategic level, this is one area in which the US is having success.  One can find...

Great book Kal. Kudos and adulations. I have a question of clarification. One of the interesting things about Raustiala's discussion of the modern application of territoriality is the uniqueness of Guantanamo. He writes, "Guantanamo's unusual legal status is reflect in [its] history, and is underscored by two factors. One is the lack of any status...

Responsibility to Protect (R2P) is in trouble in the UN, according to a dismayed account in this week's Economist ("An idea whose time has come - and gone?" Economist, July 25, 2009, p 58).  I'm dismayed, too. At the 2005 UN reform summit of the General Assembly, says the Economist the biggest-ever gathering of world leaders accepted the principle that they have...

Rather than comment on the refreshingly tough realism or seriously imprudent bear-baiting of Vice-President Biden's recent remarks on Russia ("Russia will bend to the US"), or whether there is an important and dangerous gap between short-term and long-term in the collapse of an imperial nuclear power even if the long-run claim is true, etc., let me instead offer a background...

Well, that's exactly what the Obama Administration did this past Wednesday.  Secretary of State Hillary Clinton signed the 1976 ASEAN Treaty of Amity and Cooperation (TAC) on behalf of the United States with the intention that her signature serve as the requisite act of accession, bringing the treaty immediately into force for the United States.  Now, the treaty does not commit the United States...

My thanks to Deb for her post on the Preliminary Report.  I won't rehash what she said; I just wanted to offer a few thoughts on the military commissions and the detention policy.  First, I think it is interesting that the Obama administration seems to be conceding that "material support for terrorism" is not a violation of the laws of...