States Are Failing Us in Syria — Not International Law by Kevin Jon Heller by Kevin Jon Heller Last month, Just Security published a long and thoughtful post by Rebecca Ingber with the provocative title “International Law is Failing Us in Syria.” The international law she is talking about is the …
Leer »Some Thoughts on the Jadhav Case: Jurisdiction, Merits, and the Effect of a Presidential Communication
Some Thoughts on the Jadhav Case: Jurisdiction, Merits, and the Effect of a Presidential Communication On 8 May, India instituted proceedings at the International Court of Justice against Pakistan relating to the latter’s imprisonment and award of death penalty to Kulbhushan Jadhav, an Indian national. Pakistan claims it arrested Mr Jadhav on …
Leer »The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria
The Precedent Set by the US Reprisal Against the Use of Chemical Weapons in Syria In his recent post on the United States’ missile strike against a Syrian airbase, on 6 April 2017, Marko Milanovic focused primarily on the unlawfulness of that action (here). While I agree with that view, …
Leer »Recueil des cours, Collected Courses, Tome 382
Recueil des cours, Collected Courses, Tome 382 Data Protection Law and International Dispute Resolution, by D. COOPER, Partner, London Office of Covington & Burling LLP, and C. KUNER, Professor of Law at the Vrije Universiteit, Brussels. Biographical note Daniel P. Cooper, born 21 June 1969, United States, citizen of the …
Leer »The Legality Surrounding the US Strikes in Syria
The Legality Surrounding the US Strikes in Syria by Nancy Simons [Nancy Simons is a Belgian lawyer and serves on the International Bar Association’s Drones Task Force. Her professional background lies in international law generally. She has worked at a number of international non-governmental organisations and the International Criminal Tribunal …
Leer »US Strikes against Syria and the Implications for the Jus ad Bellum
US Strikes against Syria and the Implications for the Jus ad Bellum The blogosphere is abuzz with reactions to the U.S. strikes against Syria. My guess is that most international lawyers will agree with Marko Milanovic that the strikes were unlawful. Article 2(4) of the Charter prohibits the use of …
Leer »The Clearly Illegal US Missile Strike in Syria
The Clearly Illegal US Missile Strike in Syria Yesterday, the United States launched a missile strike against an airbase of the Syrian armed forces, in response to the recent chemical attack that the US claims was launched from this airbase. This is the first time that the US has directly …
Leer »North Korea and the Law on Anticipatory Self-Defense
North Korea and the Law on Anticipatory Self-Defense Media reports over the last few weeks indicate that the already tense relationship between North Korea and the United States is getting worse. Now that North Korea is nearly ready to test an intercontinental ballistic missile, the United States has said that …
Leer »Hegemonic Cooperation or Succession? The United States’ Emerging ‘Abandonment’, and China’s Rising ‘Defense’, of the Global Order
Hegemonic Cooperation or Succession? The United States’ Emerging ‘Abandonment’, and China’s Rising ‘Defense’, of the Global Order Many international lawyers all over the world will doubtless have experienced a surge of surrealism over the past weeks, witnessing dramatic contrasts emerging between American and Chinese foreign policies seeking to redefine the …
Leer »The Disappearing UN Report on Israeli “Apartheid”
The Disappearing UN Report on Israeli “Apartheid” by Kevin Jon Heller Last week, the UN Economic and Social Commission for Western Asia (ESCWA) sent shockwaves through the international community by issuing a report that — for the first time in UN history — claims Israel’s treatment of Palestinians amounts to the crime …
Leer »International Law in the Age of Trump
International Law in the Age of Trump In the second month of Donald Trump’s presidency, we still know little about his foreign policy agenda. He regularly said things during the campaign that suggested a radical departure from longstanding tenets of U.S. foreign policy. And during his first month in office, …
Leer »The Status of Treaties in Domestic Law
The Status of Treaties in Domestic Law by David Stewart by David Stewart [David P. Stewart is Professor from Practice at Georgetown University Law Center.This is the third post in our symposium this week on treaty supremacy.] How are we to explain the yawning gap between the Founding Fathers’ clearly “monist” …
Leer »