Professor @ Temple Law School; Non-Resident Fellow Carnegie Endowment for Int'l Peace; Member, OAS Juridical Committee
Jul 19, 2021 • 24 tweets • 8 min read
A positive step in States’ collective attributions. But States’ inability to condemn some/all this behavior as internationally unlawful is equally important - if States can’t say it violates IL, doesn’t this imply IL permits it? washingtonpost.com/national-secur…
What violations could there be? Depending on target and effects, some of these ops may implicate the duty of non-intervention chathamhouse.org/2019/12/applic…
May 30, 2020 • 11 tweets • 4 min read
Interesting US Foreign Relations Law analysis (as always) from Harold Koh, but we need an Int'l Law Twitter discussion too - why assume USG can w/draw from @WHO Constitution at all? I think @StateDept must do more than 12 mos. notice: justsecurity.org/70493/trumps-e… via @just_security
The Vienna Convention on the Law of Treaties (VCLT) is widely recognized to codify an exhaustive list of treaty exit options (&, yes, I know US has never ratified the VCLT but the last 8 Administrations all recognized most of its provisions reflect customary int'l law)
Apr 26, 2019 • 9 tweets • 2 min read
So, Trump walks back US signature on Arms Trade Treaty by telling the Senate to return it to the White House. Can he make such a request? Sure. Does the Senate have to return it? No. nytimes.com/2019/04/26/us/…
The super-useful 2001 Senate Foreign Relations Committee Treaty Handbook notes the Senate may send treaties back to the White House by resolution. For example, when I was in the Treaty Office back in 2000, the Senate approved a resolution to send 17 treaties back to the Executive