Legal Theory

Armed Force in Iraq

            Relying on U.N. Security Council Resolution 1441 (2002) and on the sovereign authority of the United States to use force in assuring its own national security, President Bush has said that the United States and its allies will use armed force to disarm Iraq if Saddam Hussein and his sons do not leave Iraq within a 48-hour deadline.
 
Topic: 
Volume: 
8
Issue: 
5
Author: 
Frederic L. Kirgis
Image: 

Not Just State - International Law in the US Government

The Government Attorneys Interest Group of the American Society of International Law invites you to attend a continuing legal education course featuring practicing international lawyers in a variety of positions within the U.S. government. The panel will discuss the role that international law plays in the day-to-day practice of attorneys not only in the U.S. State and Defense departments, but also in legal offices outside of the most commonly understood "international" agencies.

Customary International Law: What is its Role in the U.S. Legal System?

Customary international law is now coming up in a variety of contexts in U.S. courts, including civil suits under the Alien Tort Statute, the review of military commission proceedings in the "war on terror," and criminal prosecution of piracy. Is customary international law a form of federal law, as claimed by the Restatement (Third) of the Foreign Relations Law of the United States? How does its status in the U.S. legal system compare with the status of treaties? Even if it is not directly applicable as U.S.

Guantanamo Military Commissions: Lessons Learned and the Way Forward

ASIL, in cosponsorship with its Lieber Society on the Law of Armed Conflict, will host a discussion of the United States's decade-long experience with military commission proceedings against detainees held at the detention facility at Guantanamo Bay, featuring Jess Bravin, an award-winning Wall Street Journal reporter and author of The Terror Courts: Rough Justice at Guantanamo Bay. Bravin will summarize the findings in his book, which draws on more than a decade of first-hand reporting at Guantanamo and extensive interviews with insiders in the commission process.

Grotian Moments and Accelerated Formation of Customary International Law

This discussion examines the concept of accelerated formation of customary international law and its application to humanitarian intervention and to drone strikes against terrorists. It features George Washington University Law School Professor Sean Murphy, a member of the UN International Law Commission, and Case Western Reserve University School of Law Professor Michael Scharf, author of the new book Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments published by ASIL Publisher Partner Cambridge University Press.

Legality of Intervention in Syria in Response to Chemical Weapon Attacks

Introduction

The increasing conviction that the government of Bashar al-Assad in Syria has used chemical weapons in an attack with many civilian casualties raises the question: what military response may the outside world legally take without the authority of the UN Security Council?

Topic: 
Volume: 
17
Issue: 
21
Author: 
Kenneth Anderson
PDF Version: 
Image: 
Organizations of Note: 

Tunisia at a Crossroads: Drafting a New Constitution

Introduction

Tunisians captivated the world's attention in January 2011 when they flooded the streets to protest unemployment, corruption, and the lack of basic freedoms.  They ousted the autocratic President Zine Abidine Ben Ali in short order and inspired the "Arab Awakening."  Tunisia claimed a major success in October 2011, when the country held elections to choose representatives for a National Constituent Assembly (NCA).  The NCA is tasked with writing a constitution and governing Tunisia until the new constitution and permanent government are in place.

Topic: 
Volume: 
17
Issue: 
18
Author: 
Katie Zoglin
PDF Version: 
Image: 
Organizations of Note: 

Supreme Court May Consider How Broadly the “Necessary and Proper” Clause of the Constitution Authorizes Legislation to Implement Treaties

Introduction

On January 18, 2013, the U.S. Supreme Court (Supreme Court) granted certiorari in Bond v. United States.  The Court set the questions presented as:

Topic: 
Volume: 
17
Issue: 
9
Author: 
Ronald J. Bettauer
PDF Version: 
Image: 
Organizations of Note: