Brian Egan

Latest in Brian Egan

International Law

“Unwilling or Unable” in the Legal Adviser’s ASIL Speech

To paraphrase Mick Jagger—you can’t always get the international law argument you want, but sometimes, you get (some of) what you need. Recently, State Department Legal Adviser Brian Egan addressed the American Society of International Law (ASIL). Prior to Egan’s speech, I lamented , while writing about U.S.

International Law

Thoughts on Brian Egan's ASIL Speech

Last Friday, the new State Department Legal Adviser, Brian Egan, gave a speech on “International Law, Legal Diplomacy, and the Counter-ISIL Campaign” at the American Society of International Law (ASIL) annual meeting. His address clarified the administration’s views with respect to several important aspects of the counter-ISIL campaign.

International Law: LOAC

Not By Any Other Name: A Response to Jack Goldsmith on Obama's Imminence

Jack has been quick to draw parallels (here and here) between the Bush administration’s doctrine of pre-emption, set out in the September 2002 National Security Strategy, and the Obama administration’s approach to jus ad bellum imminence expressed by State Department Legal Adviser Brian Egan in his recent

Politics & National Security

The Senate Should Act Now to Confirm Brian Egan as State Department Legal Adviser

Senate Democrats have called for the rapid confirmation of several stalled Presidential nominees to important national security positions in light of the Paris attacks and the potential terrorist threat to the United States. Although this may strike Republicans as political opportunism, the Democrats are right. The Senate has been holding up several highly qualified and personally non-controversial nominees to critical national security jobs where they are needed.

Foreign Intelligence Surveillance Act

Surveillance Diplomacy

Now that some of the dust has settled in the wake of the revelations about NSA and GCHQ surveillance of foreign leaders, it is a good time for the United States to engage in a bit of surveillance diplomacy. In other words, U.S. experts should be having conversations in public fora around the world about the who, what, and why of domestic and foreign electronic surveillance. Although not all of the ambiguity about U.S.

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