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Contemporary Practice Of The United States Relating To International Law (114:4 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the October 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:3 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the July 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:2 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the April 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (114:1 Am J Int'l L), Jean Galbraith

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This article is reproduced with permission from the January 2020 issue of the American Journal of International Law © 2020 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:2 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the April 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:4 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the October 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (113:1 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the January 2019 issue of the American Journal of International Law © 2019 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:3 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the July 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

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Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …

Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith

All Faculty Scholarship

This article is reproduced with permission from the January 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.

Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.

Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti

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Amicus curiae herein argue the present petition for a writ of certiorari should be granted as it rightly questions the very legitimacy of the military commission used to try Petitioner based on a theory of equality. International and comparative law further bolster Petitioner’s argument that the Military Commissions Act’s establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the equal rights of Petitioner and all non-citizens subject to its jurisdiction.

Equality is a central principle undergirding human rights law that pre-dates the founding of the United Nations and the drafting of …

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

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I have known and been inspired by Henry J. Richardson III and his scholarship for many years. A hallmark of his work has been his focus upon African-American interests in international law and also upon the rights and interests of African states. In acknowledgement of that intellectual debt, it is my honor to dedicate the following article to this festschrift celebrating his life and work.

Ending Security Council Resolutions, Jean Galbraith

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The Security Council resolution implementing the Iran deal spells out the terms of its own destruction. It contains a provision that allows any one of seven countries to terminate its key components. This provision – which this Comment terms a trigger termination – is both unusual and important. It is unusual because, up to now, the Security Council has almost always either not specified the conditions under which resolutions terminate or used time-based sunset clauses. It is important not only for the Iran deal, but also as a precedent and a model for the use of trigger terminations in the …

Introduction: Cyber And The Changing Face Of War, Claire Oakes Finkelstein, Kevin H. Govern

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Cyberweapons and cyberwarfare are one of the most dangerous innovations of recent years, and a significant threat to national security. Cyberweapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide-ranging potential consequences. Cyberwarfare occupies an ambiguous status in the conventions of the laws of war. This book addresses Ethical and legal issues surrounding cyberwarfare by considering whether the Laws of Armed Conflict apply to cyberspace and the ethical position of cyberwarfare against the background of our generally recognized moral traditions in armed conflict. The book explores these moral and legal …

Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner

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In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.

The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community …

Making Fiction Of Facts In The Israeli Spy Case, Kenneth Lasson, Angelo Codevilla, Lawrence J. Korb, John Loftus

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The authors make the case that Jonathan Pollard, the man convicted of spying for Israel, is again being condemned by new allegations by Martin Peretz in a New Republic article, and by retired Navy Capt. M. E. Bowman. The authors of these new assertions may not know more of the particulars than others in high places who have already publicly supported commuting Pollard's sentence to time served.

No More 'Sha Still', Kenneth Lasson

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This op-ed laments the consequences of staying quiet in light of recent national and international events. It takes President Obama to task for blaming Israel for lack of progress in Middle East peace negotiations, as well as Congress for its ineptitude during the recent national debt ceiling negotiations.

Let My People Go!, Kenneth Lasson

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This short article discusses the continued imprisonment of Jonathan Pollard for spying for Israel, as well as that of Israeli soldier Gilad Shalit, imprisoned by Hamas. Also discussed are the inequalities of the negotiations for their release, leaving Israel and the U.S. in a bad light.

Can Congress Make A President Step Up A War?, Charles Tiefer

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May Congress use its appropriation power to direct the President to step up a war? When Congress uses its spending power for intensifying a war-stepping it up, pressing it more aggressively-against the resistance of a "less hawkish" Commander in Chief, who wins?

This Article posits differences of view in the 2010s toward the Afghanistan war as a way to revisit, generally, the history of constitutional disputes over war-related appropriation riders. Describing the differences in very simplistic terms, a "hawkish" opposition in Congress may gain political strength at any time, such as in 2010 or 2014, not necessarily because of the …

Advantaging Aggressors: Justice & Deterrence In International Law, Paul H. Robinson, Adil Ahmad Haque

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Current international law imposes limitations on the use of force to defend against unlawful aggression that improperly advantage unlawful aggressors and disadvantage their victims. The Article gives examples of such rules, governing a variety of situations, showing how clearly unjust they can be. No domestic criminal law system would tolerate their use.

There are good practical reasons why international law should care that its rules are perceived as unjust. Given the lack of an effective international law enforcement mechanism, compliance depends to a large degree upon the moral authority with which international law speaks. Compliance is less likely when its …

Adoption Of The Responsibility To Protect, William W. Burke-White

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This book chapter traces the legal and political origins of the Responsibility to Protect doctrine from its early origins in the International Commission on Intervention and State Sovereignty through the 2005 World Summit Outcome Document and up to January 2011. The chapter examines the legal meaning of the Responsibility to Protect, the obligations the Responsibility imposes on states and international institutions, and its implications in for the international legal and political systems. The chapter argues that while the Responsibility to Protect has developed with extraordinary speed, it is still a norm in development rather than a binding legal rule. Its …

Pollard Languishes, Kenneth Lasson

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No abstract provided.

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

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Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

Bribes V. Bombs: A Study In Coasean Warfare, Gideon Parchomovsky, Peter Siegelman

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The use of bribes to co-opt an enemy’s forces can be a more effective way to wage war than the conventional use of force: Relative to bombs, bribes can save lives and resources, and preserve civic institutions. This essay evaluates the efficacy and normative desirability of selectively substituting bribes for bombs as a means of warfare. We show how inter-country disparities in wealth, differences in military strength, the organization of the bribing and recipient forces, uncertainty about the outcome of the conflict, and communications technology can contribute to the efficacy of bribes. We discuss methods for enforcing bargains struck between …

Passover And Jonathan Pollard, Kenneth Lasson

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No abstract provided.

Can Appropriation Riders Speed Our Exit From Iraq?, Charles Tiefer

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To explore the implications of riders - provisions added to appropriation bills that "ride" on the underlying bill - on the United States' continued military force in Iraq, the author draws three hypotheticals, each focusing on the debate surrounding the policy and political disputes raised by the use of such riders. A "withdrawal" rider, which would authorize funding only if there exists a plan to withdraw American ground troops by a set deadline, remains the most important - and controversial - rider. Riders may also significantly affect wartime policies, like those that limit the President's use of reservists in combat …

Sounds Of Silence, Kenneth Lasson

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No abstract provided.