Treaty Law

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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…
U.S. Secretary of State John Kerry speaks at the United Nations Signing Ceremony for the Paris Agreement.

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…
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Non-Self-Executing Treaties in the Draft Restatement of Foreign Relations Law

At its annual meeting on May 18–20, the American Law Institute (ALI) will consider portions of a draft Restatement (Fourth) of Foreign Relations Law. Unfortunately, the most…
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The Arms Trade Treaty Enters Into Force

On Christmas Eve, the Arms Trade Treaty (ATT, text here) entered into force in record time following the attainment of 50+ ratifications. The ATT is the first multilateral treaty…
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Stepping back from the precipice in Bond

[Also posted on Opinio Juris.] The Supreme Court has finally issued its decision in United States v. Bond.  Although it appeared the Court might be on the brink of a momentous…
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Newsflash – Swiss Depository accepts accession by Palestine to the Geneva Conventions

Readers will be interested to hear that the Swiss Depository has accepted the instrument of accession of Palestine to the Geneva Conventions and the Additional Protocol I. As readers…
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States, Almost States, Non-State Actors and the Geneva Conventions: Palestinian President Abbas’s attempt to join the Club

[Editor’s Note: Be sure to see the letter to the editor from a former Deputy Legal Adviser to Israel’s Permanent Mission to the United Nations responding to this…
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Law of War Conventions that Palestinian President Abbas Intends to Join: Questions Raised

The Palestinian authorities have released the complete list of treaties that they intend to join. According to the statement, President Abbas “signed letters of accession”…
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Bond v. United States and a Plain Statement Rule

The old adage, “bad facts make bad law,” threatens to reassert itself in an especially damaging fashion in Bond v. United States, a case now before the Supreme Court in which…
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Observations on the Oral Argument in Bond

In light of the current efforts of the United States to ensure that even Syria, a nonparty to the treaty, strictly complies with the prohibitions of the Chemical Weapons Convention–and…
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