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A Human Rights Agenda For The Biden Administration, Sarah H. Cleveland
A Human Rights Agenda For The Biden Administration, Sarah H. Cleveland
Faculty Scholarship
The Biden administration has much to do to restore the United States’ credibility as a human rights leader and to strengthen the human rights system in an era of rising right-wing nationalism, authoritarianism, and competition for global power. In doing so, it needs to lead by example by putting its own house in order, and act with both courage and humility in the face of deep global skepticism and distrust. Specifically, the administration should pursue five stages of engagement on human rights: reverse and revoke measures taken by the Trump administration, reaffirm the United States’ traditional commitments to human rights …
Introduction To The Symposium On Cyber Attribution, Monica Hakimi
Introduction To The Symposium On Cyber Attribution, Monica Hakimi
Faculty Scholarship
This symposium explores some of the legal issues surrounding the attribution of cyber conduct to states. Relative to states’ other activities, cyber conduct poses particularly thorny attribution challenges. States that engage in such conduct often use technology to obscure their identities or the full effects of their operations. The attribution challenges in turn raise difficult questions about how victim states should be allowed to respond — whether in kind, with other retorsions or countermeasures, with kinetic force, or by doing nothing at all. For example, how confident must a victim state be that it has correctly identified the source of …
Changing International Law For A Changing Climate, Daniel C. Esty, Dena P. Adler
Changing International Law For A Changing Climate, Daniel C. Esty, Dena P. Adler
Sabin Center for Climate Change Law
After more than two decades of inadequate international efforts to address climate change resulting from rising greenhouse gas emissions, the 2015 Paris Climate Change Agreement shifted gears. That agreement advances a “bottom-up” model of global cooperation that requires action commitments from all national governments and acknowledges the important role that cities, states, provinces, and businesses must play in delivering deep decarbonization. Given the limited control that presidents and prime ministers have over many of the policies and choices that determine their countries’ carbon footprints, the Paris Agreement missed an opportunity to formally recognize the climate change action commitments of mayors, …
Introduction To Symposium On Unauthorized Military Interventions For The Public Good, Monica Hakimi
Introduction To Symposium On Unauthorized Military Interventions For The Public Good, Monica Hakimi
Faculty Scholarship
On April 6, 2017, the United States launched fifty-nine Tomahawk missiles against an air base in Syria, after evidence surfaced that Bashar Al-Assad’s regime had again used chemical weapons against its people. President Trump announced that the strikes were intended “to prevent and deter the spread and use of deadly chemical weapons.” But as of this Symposium’s publication, the United States has not articulated a formal legal justification for the strikes. Instead, it reportedly circulated a document that listed several case-specific considerations that, in its view, justified the use of force. Yet the global reaction was overwhelmingly positive. Many states …
Military Activities In The Unclos Compulsory Dispute Settlement System: Implications Of The South China Sea Arbitration For U.S. Ratification Of Unclos, Lori Fisler Damrosch
Military Activities In The Unclos Compulsory Dispute Settlement System: Implications Of The South China Sea Arbitration For U.S. Ratification Of Unclos, Lori Fisler Damrosch
Faculty Scholarship
The Award on the Merits in the South China Sea Arbitration between the Philippines and China (Award) is the first decision of any tribunal to interpret the provision of the 1982 United Nations Convention on the Law of the Sea (Convention or UNCLOS) that allows states parties to exclude disputes concerning military activities from the Convention’s compulsory dispute settlement regime. That optional exclusion, embodied in Article 298(1)(b) of the Convention, was a central component of the strenuously-negotiated compromise between states that favored compulsory jurisdiction in principle and those that would have preferred a strictly optional system for third-party legal dispute …
The Bond Court's Institutional Truce, Monica Hakimi
The Bond Court's Institutional Truce, Monica Hakimi
Faculty Scholarship
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …