Legal Theory

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?

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Volume: 
17
Issue: 
21
Author: 
Kenneth Anderson
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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
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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:

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Volume: 
17
Issue: 
9
Author: 
Ronald J. Bettauer
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Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of Observer State

Introduction

Introduction

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Volume: 
16
Issue: 
37
Author: 
John Cerone
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The Reargument Order in Kiobel v. Royal Dutch Petroleum and Its Potential Implications for Transnational Human Rights Cases

Introduction

Topic: 
Volume: 
16
Issue: 
10
Author: 
Chimène I. Keitner
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Germany v. Italy: The International Court of Justice Affirms Principles of State Immunity

Introduction

Topic: 
Volume: 
16
Issue: 
5
Author: 
Chimène I. Keitner
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Israel-Lebanon Offshore Oil & Gas Dispute – Rules of International Maritime Law

Introduction

Tensions between Lebanon and Israel have been running high during the last months due to a legal dispute over rights to newly discovered natural oil and gas reserves in the Mediterranean Sea. Formally at war for years, and without diplomatic relations, Israel and Lebanon have never agreed on a delimitation of their maritime boundaries.

Rising Conflict Between Israel and Lebanon

Topic: 
Volume: 
15
Issue: 
31
Author: 
Martin Wählisch
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The Netherlands Found Liable for Srebrenica Deaths

Introduction

Topic: 
Volume: 
15
Issue: 
27
Author: 
Cees van Dam
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The UN and the Status of Palestine – Disentangling the Legal Issues

Introduction

Topic: 
Volume: 
15
Issue: 
26
Author: 
John Cerone
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