Treaty Law
32 Articles
The ICC Wants Justice But Has No Mandate
The recent escalation in the ongoing conflict between the United States and the International Criminal Court (ICC) is as unfortunate as it is predictable, having come to a head…
Trump’s Empty “Withdrawal” from the World Health Organization
WHO withdrawal can't take legal effect until mid-2021 per federal law. That plus other formidable legal obstacles may yet stand in Trump's way.
The US Cannot Withdraw from the WHO Without First Paying Its Dues
President Donald Trump must choose between freezing US contributions to the World Health Organization and following through on his threat of withdrawal. He cannot do both.
NATO Recognizes Space as an “Operational Domain”: One Small Step Toward a Rules-Based International Order in Outer Space
(Editor’s Note: The absence of a comprehensive analysis of the legal framework for military operations in outer space represents a troubling deficiency in the understanding of…
Female Genital Mutilation and the Treaty Power: What Congress Can Do
Since 1996, the act of female genital mutilation (FGM) has been a federal crime. Federal circuit courts have characterized FGM as “a barbaric practice unbecoming of a civilized…
Can Turkey be Expelled from NATO? It’s Legally Possible, Whether or Not Politically Prudent
Overall, the absence of a suspension and expulsion mechanism in the North Atlantic Treaty does not prevent the North Atlantic Council from suspending or terminating the membership…
How Far Can a Rogue Kremlin Push International Law?
The Russian-Ukrainian standoff at the Kerch Strait and the Sea of Azov shows that the Kremlin now is just ignoring international law. The United States and the West need to adjust…
The 2018 Annual Report of the U.N. International Law Commission
The U.N. International Law Commission’s 2018 annual report is being debated from October 22 to 31 before the Sixth (Legal) Committee of the U.N. General Assembly. Sean Murphy,…
Japan’s Definition of Armed Attack and ‘Bloody Nose’ Strikes Against North Korea
There has been an important discussion in the last couple of weeks over the legality of possible limited strikes, part of a so-called “bloody nose” strategy, by the United…
Collective Self-Defense and the “Bloody Nose Strategy”: Does it Take Two to Tango?
The Japanese people and their government have reason to be nervous. Last year, North Korea conducted two ballistic missile tests over Japan. If that was not enough, the U.S. Government…
Paris Is a Binding Agreement: Here’s Why that Matters
A growing chorus of U.S. business leaders, state and local government officials, civil society groups, and foreign partners have condemned the President’s announcement that,…
Trump’s So-Called Withdrawal from Paris: Far From Over
On Thursday, President Trump announced his intent that the United States “withdraw” from the Paris Agreement, the landmark climate change treaty that establishes national greenhouse…