Law Commons^™

Why Federal Courts Apply The Law Of Nations Even Though It Is Not The Supreme Law Of The Land, Anthony J. Bellia, Bradford R. Clark

Journal Articles

We are grateful to the judges and scholars who participated in this Symposium examining our book, The Law of Nations and the United States Constitution. One of our goals in writing this book was to reinvigorate and advance the debate over the role of customary international law in U.S. courts. The papers in this Symposium advance this debate by deepening understandings of how the Constitution interacts with customary international law. Our goal in this Article is to address two questions raised by this Symposium that go to the heart of the status of the law of nations under the Constitution. …

The Internationalists: How A Radical Plan To Outlaw War Remade The World, Mary Ellen O'Connell

Journal Articles

Mary Ellen O'Connell researches and writes in the areas of international law and the use of force and international legal theory. She provides a thorough review of The Internationalists: How a Radical Plan to Outlaw War Remade the World, Oona A. Hathaway and Scott J. Shapiro (New York: Simon and Schuster, 2017), wherein the authors investigate the investigate the history, nature, and impact of the international legal prohibition on the use of force, focusing on the Kellogg-Briand Pact.

Game Of Drones, Mary Ellen O'Connell

Journal Articles

Reviewing three 2015 treatises on Drone War

A Theory of the Drone. By Grègoire Chamayou. Translated by Janet Lloyd. New York, London: The New Press, 2015. Pp. 292. Index. $26.95.

International Law and Drone Strikes in Pakistan: The Legal and Socio-political Aspects. By Sikander Ahmed Shah. London, New York: Routledge, 2015. Pp. viii, 247. Index. $145.

Sudden Justice: America's Secret Drone Wars. By Chris Woods. Oxford, New York: Oxford University Press, 2015. Pp. xvi, 386. Index. $27.95.

Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell

Journal Articles

The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …

The End Of Legitimacy, Mary Ellen O'Connell

Journal Articles

IRAQ: ONE YEAR LATER

INTRODUCTORY REMARKS by Mary Ellen O'Connell, 261

THE USE OF FORCE IN IRAQ: ILLEGAL AND ILLEGITIMATE by Anne-Marie Slaughter, 262-63

THE IRAQ WAR AND THE FUTURE OF INTERNATIONAL LAW by Richard Falk, 263-66

THE ROLE OF INTERNATIONAL LAW AND THE UN AFTER IRAQ by Thomas M Franck, 266-69

THE END OF LEGITIMACY by Mary Ellen O'Connell, 269-70

THE PROBLEMS OF LEGITIMACY-SPEAK by James Crawford, 271-73

On Clandestine Warfare, Robert E. Rodes

Journal Articles

Common moral judgments on many types of clandestine warfare, referred to by some as terrorism, seem to be more nuanced and less severe than our current legal judgments. This paper begins by offering a detailed typology of clandestine operations and measures to combat them, a few general reflections on the laws of war, and a critique of those laws as they now stand. It then proposes a substantial revision of the laws which govern clandestine warfare based on four basic principles of the laws and the morality of just war: the independence of jus in bello from the jus ad …