23
Sep
Oona Hathaway and Scott Shapiro’s New Book “The Internationalists”
I have a review up at the Washington Post. A great read. ...
General
20
Sep
If President Trump Ends the Iran Deal, Can He Trigger the Security Council Snapback?
[Jean Galbraith is an Assistant Professor of Law at the University of Pennsylvania Law School] President Trump has reportedly made a decision about whether or not to end the Iran deal – although he won’t yet say what he’s decided. The Iran deal, more formally known as the Joint Comprehensive Plan of Action (JCPOA), is a political commitment rather than...
14
Sep
The Drafters Knew Best: Corporate Liability and the Alien Tort Statute
[Heather Cohen is a Legal & Policy Associate with the International Corporate Accountability Roundtable (ICAR), which harnesses the collective power of progressive organizations to push governments to create and enforce rules over corporations that promote human rights and reduce inequality.] Can corporations be held accountable in the United States for violations of international law? This question is back before the Supreme...
13
Sep
UK-Saudi Arabia Arms Trade before the High Court: Questions following the Judgment
[Riccardo Labianco is a PhD candidate at SOAS, University of London. His research focuses on state-to-state military assistance in times of conflict.] On 10th July 2017, the High Court of Justice (HCJ) delivered its decision regarding the choice of the Secretary of State for International Trade not to halt the transfers of arms between the UK and Saudi Arabia (SA). The...
06
Sep
Response from the EIC of the Journal of the History of International Law
[The following is a response from Anne Peters, the Editor-in-Chief of the Journal of the History of International Law] Dear readers, The JHIL received this letter and had agreed towards the authors in writing to publish it in the JHIL as soon as possible. Publication in JHIL does not imply any agreement or endorsement by the editors or by the academic advisory board...
06
Sep
Letter to the Editors of the Journal of the History of International Law
[This letter was sent to the editors of the Journal of the History of International Law on 29 August 2017. I am a signatory, not the letter's author.] Dear Editors, We are writing to express our grave concern about the publication of an article entitled ‘The Forgotten Genocide in Colonial America: Reexamining the 1622 Jamestown Massacre within the Framework of the UN...
21
Aug
CUP Reverses Its Decision to Censor China Articles (Updated)
Here is CUP's statement: Kudos to CUP for doing the right thing. And kudos to everyone -- including Jan Klabbers -- who took a public stand against CUP's capitulation to Chinese pressure. UPDATE: True to form, China is now censoring news of CUP's decision not to censor!...
27
Jul
Open Consultation on UN GGE Recommendations on Responsible State Behavior in Cyberspace
Leiden University’s The Hague Program for Cyber Norms is inviting an open consultation on how to best implement the UN Group of Governmental Experts’ (UN GGE) recommendations on responsible State behavior in cyberspace. Partner in these consultations is the ICT4Peace Foundation. The Call for commentary and implementation guidelines can be found here. To participate, please send your questions, comments, recommendations to Mr....
17
Jul
MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
[Dr. Aaron Matta is an expert in international law with working experience at International Courts. He also recently co-founded The Hague Council on Advancing International Justice, a network for and with practitioners, academics, and policymakers in the area of international justice. I would like to thank Dr. Philip Ambach and Anda Scarlat for their feedback on earlier drafts of this commentary.The...
02
Jul
Amicus Brief in Al Bahlul Military Commission Case
I have filed an amicus brief in the Al Bahlul case. Al Bahlul was charged and convicted before a military commission for multiple offenses including conspiracy. On appeal, several of the charges were thrown out, but the conspiracy conviction remains and is the subject of his cert petition before the U.S. Supreme Court. Although the government once held the position...
29
Jun
UN faces a second Cholera Challenge in New York Courts
Waiver of immunity is at the center of another cholera case against the UN, this time in the Eastern District of New York. In LaVenture et al v. United Nations, the plaintiffs argue that they have two distinct questions on waiver that distinguish this litigation from the recent decision upholding the UN's absolute immunity in Georges et al. The questions...
28
Jun
That Syria War Power Debate, Continued
Cross-posted at Balkinization If, as I argued earlier this week, the 2001 AUMF passed by Congress cannot be read to authorize the growing set of U.S. military actions against Syrian and Iranian forces in Syria, does the President’s Article II power standing alone support these strikes? The best articulated argument I’ve seen that the President has the Article II power to...