Iran
380 Articles
The case for the President’s unilateral authority to conclude the impending Iran deal is easy because it will (likely) be a nonbinding agreement under international law
[Cross-posted at Lawfare.] In Marty’s post yesterday about the letter that 47 Senators sent to “the Leaders of the Islamic Republic of Iran,” he briefly addressed…
The Cotton letter . . . and the Vice President’s response
I was thinking of offering a few thoughts on the growing contretemps regarding the letter to “the Leaders of the Islamic Republic of Iran” penned by Senator Cotton…
Legal Flaws in the 47 Senators’ Letter to Iran
Since John Marshall stated in Congress in 1800 that the President is the sole representative of the United States “with foreign nations,” it has been widely understood…
The Long Game: Why the Extension of Nuclear Talks With Iran is a Good Thing
Somewhere, Harry Truman is smiling. On Monday, Secretary of State John Kerry announced an extension of the Joint Plan of Action (JPA). This interim accord, reached in late 2013,…
State Secrets Might Get a Little More Secret
The state secrets privilege has been the topic of significant academic and judicial focus, particularly in the post-9/11 era in which invocations of the privilege were seen by…
Bad Timing: The US, Iran, and the East Africa Embassy Bombing Judgement
Yesterday, a US judge awarded victims of the Embassy bombings in Kenya and Tanzania $622 million in damages against the governments of Sudan and Iran. It is important to see justice…
Supreme Court of Canada Rules Individuals cannot sue a Foreign State in Canada for Torture Committed Abroad
On Friday, the Supreme Court of Canada (SCC) affirmed that individuals cannot bring civil actions in Canada against a foreign state, which includes foreign officials, for acts…
Letter to the Editor: A Reply to David Golove on Iran
David Golove makes a compelling argument as to why a recent Senate bill – the Iran Nuclear Negotiations Act of 2014 – would have the “perverse” effect of strengthening…
Sen McCain: Iran pact “in every aspect, a treaty” requiring Senate consent–and his bill that says the opposite
In an excellent post on Wednesday, my colleague David Golove dives deep into the constitutional requirements for a nuclear agreement with Iran. David’s analysis suggests…
Presidential Authority to Conclude an Iran Nuclear Agreement—and the Senate’s Self-Defeating Bill
The prospect of a successful conclusion to the ongoing negotiations with Iran over a nuclear deal promises to generate a debate over fundamental constitutional questions about…
State Practice and the Use of Force: Iran Invokes the “Unwilling or Unable” Test against its Neighbors
Can the United States send armed forces into another state to deal with a national security threat from a militant group when the host state is “unwilling or unable” to contain…
A Guide to Revelations in Robert Gates’ Book (Duty): The Obama Years
Robert Gates’ memoir, Duty, which will be released later this week, contains significant insights into US foreign policy and international affairs affecting our country’s national…