Recent Articles
Nestlé & Cargill v. Doe Series: The Economic Folly of Human Trafficking for American Business
The threat of liability under the Alien Tort Statute (such as the Nestlé/Cargill suit) costs businesses money – that's just cold economic reality. Or is it? Amici in the case,…
How to Revitalize the Intelligence Community: A Long, But Essential To-Do List
The president-elect and his DNI should act promptly and assertively to reverse Trump’s mistreatment, revitalize Community morale, and, through aggressive but prudent investment…
Early Edition: December 4, 2020
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news US DEVELOPMENTS…
Global Kleptocracy as an American Problem
Putting an end to the spread of corruption from kleptocratic autocracies into the United States will be one of the most significant challenges for the incoming administration.
Climate Change as a National Security and Foreign Policy Priority: Opportunities and Challenges for the Next Administration
Policy recommendations to enhance the Biden-Harris administration’s ability to play a constructive role in addressing climate change as part of the United States’ defense,…
Nestlé & Cargill v. Doe Series: A Canadian Perspective – Takeaways from Nevsun Resources Ltd. v. Araya.
As the U.S. Supreme Court wrestles with corporate immunity for human rights abuses abroad, they may find a parallel Canadian case – in which the Supreme Court of Canada opened…
Six Reasons Why a Terrorist Designation for Yemen’s Houthis is a Bad Idea
The litmus test for U.S. policy on Yemen is simple: does it help end the conflict, or keep alive the millions of suffering Yemenis? A terrorist designation of the Houthis fails…
The Need for More Chris Stevenses
It’s time to develop a risk management framework for the U.S.' civilian national security workforce to enable them to do their jobs despite the unprecedented risks they now face.
Early Edition: December 3, 2020
Signup to receive the Early Edition in your inbox here. A curated guide to major national security news and developments over the past 24 hours. Here’s today’s news US DEVELOPMENTS…
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
Part III: What Kinds of Situations and Cases Should the ICC Pursue? The Independent Expert Review of the ICC and the Question of Aperture
The third and final part of this series examines two additional factors that have widened the ICC's aperture, cautions that narrowing the Court's aperture may not always be desirable,…
COVID-19 and International Law Series: States’ Obligations to Refugees and Migrants in Detention
Whether informally quarantined in camps or formally confined in overcrowded detention centers, refugees and migrants in detention are extraordinarily vulnerable in a pandemic.…