Some hard-working soul on the Democratic vice presidential vetting team had to make her way through a law review article Joe Biden co-authored in the late 1980's on constitutional war powers. The piece is pretty safe stuff, advocating a "joint decision model" for use-of-force decisionmaking. In the course of proposing some tinkering with the War Powers Resolution, there is this...
(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 would be remiss if I did not mark, here at Opinio Juris, the fifth anniversary of the tragic death of UN diplomat and humanitarian Sergio Vieira de Mello, who died in the terrorist attack on the UN's Baghdad headquarters in 2003 along with many other aid and relief workers. And also - it receives far less attention, alas -...
For anyone following the situation in Georgia and US/ Russian relations, there was a very interesting statement and Q&A today from Secretary of State Rice, who is in Brussels for meetings at NATO. Among other things, she announced the creation of a new NATO-Georgia cooperative framework and also discussed the concerns about isolating Russia. Among other topics, she also answered questions about...
Our friend John Boonstra at UN Dispatch calls attention to a little-used provision of the UN Charter that requires members of the Security Council to abstain from voting on substantive matters when they are a party to a dispute. Here is the text of Article 27(3): Decisions of the Security Council on all other matters shall be made by an affirmative...
According to Interfax, Russia is considering referring the situation in South Ossetia to the ICC. It quotes Russia's Prosecutor General, Yury Chaika, as saying that he "doesn't think setting up a special [international] court is necessary. Complaints and applications from our citizens which will be referred to the International Criminal Court would suffice." That's an interesting statement, given that Russia...
As events move, I fervently hope, to an end to fighting in Georgia, international law discussions of the war will inevitably return to perennial themes - the authority to use force, the role of the Security Council and the Charter, the rationales and precedents offered for and against each side's use of force, and so on. So let me introduce...
As the fighting winds down or escalates (depending on whom you believe), the legal battle that Ken discussed yesterday seems to be gearing up and getting more complex, with the International Court of Justice, the International Criminal Court, and the European Court of Human Rights now all being mentioned in news stories. The AP is reporting the following: The Georgian security council...
My thanks to Chris for posting on the Georgian conflict as it has unfolded. I've been watching, unsure what exactly to say about policy. I'm still unsure. I mean, it's easy to agree with both the Obama and McCain campaign reactions (I paraphrase) ...
This is a follow-up to my previous post concerning the legal issues of the conflict in Georgia with some more about the current military and diplomatic situations (and the resultant legal concerns). The fighting is moving beyond South Ossetia and into other parts of Georgia, such as the port city of Poti. According to the New York Times: Mr. Bush referred particularly to...
The Olympic Games are an intense environment for disputes. They draw unbelievable scrutiny and international attention, with the media on site dedicated to report even the hint of a controversy. The athletes at their center are competing in the most important event of their sporting careers, with the highest possible stakes. In this charged atmosphere, the Court...
[caption id="attachment_4216" align="alignleft" width="300" caption=""][/caption]Opinio Juris is pleased to announce a panel of international sports law experts as guest bloggers during the Beijing Olympics. Throughout the Olympic Games they will discuss international sports law and provide expert commentary on any Court of Arbitration for Sport (CAS) arbitrations that take place. Matt Mitten, Maidie Oliveau and Antonio Rigozzi are...
