In association with the International Commission of Jurists

National Security Law

07 Jul

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...

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06 Jul

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...

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06 Jul

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...

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30 Jun

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...

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30 Jun

With the Supreme Court term now complete, I thought it would be useful to give a brief year-end review of the Court's decisions. The Supreme Court produced no blockbuster cases this year on any subject related to our discipline. It was truly a sleeper year. There were three cases addressing immunity; two cases addressing asylum, one case...

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29 Jun

Events in Honduras occurred while I was in a plane on a long flight, so I do not have enough of a grasp of what the facts are, or appear to be, to offer an opinion.  However, I wanted to note that, whatever they are exactly, they seem to have touched off an interesting, and not inconsequential debate, over what...

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28 Jun

The New York Times (along with much of the mainstream media) has "rediscovered" cyberwar of late (see here, here, here, and here).  Today's story revives longstanding differences between Russian government proposals to regulate cyberwarfare by treaty versus existing U.S. preferences to place the issue in more informal law enforcement cooperation networks: Russia favors an international treaty along the lines of those negotiated for...

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24 Jun

Foreign Policy.com reports: "Cloture passed on a 65-31 vote," a Congressional source relays at 11:30am. "There was applause in the Senate gallery after the vote was announced. Republicans are threatening to exercise their right to use all 30 hours of floor debate before permitting a final vote, so Koh may not be formally confirmed until tomorrow." See also IntLawGrrls.  Yesterday, by the...

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23 Jun

[ Laura Dickinson is the Foundation Professor of Law, Sandra Day O’Connor College of Law, Arizona State University.] After three months of unwarranted delay, the cloture vote on State Department Legal Adviser nominee Dean Harold Hongju Koh is finally scheduled for tomorrow. (See Chris Borgen's post, here.) Predictably, critics on the right are gearing up with robocalls and email campaigns aimed at...

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21 Jun

Saree Makdisi, a professor of comparative literature at UCLA and an old friend from the literature program at Duke, has a superb editorial in today's Los Angeles Times about the media's -- and thus our -- use of language concerning Israel and Palestine.  Here's a taste: In the U.S., discussion of Palestinian politicians and political movements often relies on a spectrum...

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19 Jun

As most people probably know by now, the Washington Post, completely overburdened by liberals like Charles Krauthammer, Bill Kristol, George Will, Jim Hoagland, Michael Gerson, Robert Kagan, Fred Hiatt, David Broder, Richard Cohen, John Bolton, Joe Lieberman, and Douglas Feith, has fired Dan Froomkin, author of the wonderful blog White House Watch.  Froomkin has yet to say anything about his firing, other than that...

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