Diplomacy

Just Security’s expert authors offer analysis of diplomacy and its role in addressing global challenges, from armed conflicts to international crises and more. Our coverage includes U.S. foreign policy, international organizations, and multilateral diplomacy related to critical global issues.

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UN’s David Kaye on Encryption, Anonymity, and Human Rights

In his first report as UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye fired a shot across the bow of governments…
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Britain’s Al-Saadoon Case: A Matter of Human Rights Law and the use of Military Force Overseas

In March, the High Court of Justice of England and Wales found that the United Kingdom’s obligations under the European Convention on Human Rights (ECHR) can be activated extraterritorially…
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Thoughts on Zivotofsky, Part Six: Why the majority’s surprising decision on executive exclusivity is unpersuasive

As I noted in my previous post, although it was unnecessary to the Court’s holding, the proposition that Zivotofsky will now stand for—in briefs, in articles, and in constitutional…
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Thoughts on Zivotofsky, Part Five: Why did the majority choose to decide whether the President’s “recognition” power is exclusive?

“Congress may not enact a law that directly contradicts” the President’s “formal recognition determination.”  That’s the constitutional proposition in Justice Kennedy’s…
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Thoughts on Zivotofsky, Part Four: Justice Thomas as constitutional iconoclast (or, “What was so terrible about King George III, anyway?”)

In my previous post, I described the principles of constitutional foreign affairs authority on which almost all of the Justices agreed in Zivotofsky.  In the posts that follow,…
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Thoughts on Zivotofsky, Part Three: The broad consensus on presidential and congressional foreign affairs authorities

The Justices were, of course, closely and sharply divided on the ultimate resolution of Zivotofsky (on which more shortly).  One of the most striking things about the decision,…
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Thoughts on Zivotofsky, Part Two: Whither Article III standing?

Why did Menachem Zivotofsky have Article III standing to sue?  Will Baude raised that question a few weeks ago in the New York Times.  In recent years the Court has insisted…
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Thoughts on Zivotofsky, Part One: How groundbreaking is it?

There’s already been a great deal of valuable online analysis of Monday’s decision in Zivotofsky v. Kerry, and there’s sure to be much more to follow.  The…
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A Veteran’s Perspective on “Killer Robots”

Technological advances in robotics and other fields are already assisting soldiers with dull, dirty, and dangerous jobs on the battlefield. Within the military such advances should…
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DOJ Guidance on Cybersecurity Carrots and Sticks

In a speech yesterday to the annual Cybersecurity Law Institute, Assistant Attorney General Leslie Caldwell showed how far the Department of Justice has come in its dealings with…
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The UN’s “Universal Periodic Review” of US Human Rights Practices—National Security Highlights

Last week, the UN Human Rights Council’s Working Group on the Universal Periodic Review released a draft of its report on the United States’ UPR. The UPR is a process during…
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Polish Outrage to Paying Victims of CIA Black Sites—and What the Eur Court Said

Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of…
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