Treaty Law
36 Articles
The Law of Treaties in Wartime: The Case of the Black Sea Grain Initiative
The law of treaties can play a constructive role in stabilizing global crises in the face of the most difficult of circumstances: an armed conflict raging between two of the treaty’s…
Using the 1933 Soviet Definition of Aggression to Condemn Russia Today
Putin has tried to reinterpret or delegitimize "aggression" to permit his attack on Ukraine – but the very definition of aggression, and its prohibition, can be traced to a pre-WWII…
Використання радянського визначення агресії 1933 року для засудження Росії сьогодні
"Що саме кваліфікується як злочин агресії, поки не зовсім зрозуміло, але ніхто, хто є свідком російського…
The Russian ASAT Test Caps a Bad Year for the Due Regard Principle in Space
It's time for States to take positions on their treaty obligation to act with "due regard" to the interests of others in outer space.
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,…