Various theories have been proposed for the U.S. to rejoin the Open Skies Treaty without presenting it again to the Senate for advice and consent to ratification; some are legally unsupportable, while others are impractical because of institutional considerations that will likely prove insurmountable.
Latest in International Law
In response to a series of cyberattacks, Israel seems to be increasingly turning toward international law to guide its approach to hostile activities in cyberspace.
The possibility of Cuba’s and China’s employment of directed, pulsed radio frequency energy weapons against U.S. personnel could potentially constitute a violation of their treaty obligations.
Recent U.S. recognition of Morocco’s sovereignty over the disputed Western Sahara territory grants Morocco a significant diplomatic win, albeit one with an uncertain future, and opens a new and unpredictable chapter in the conflict.
NASA’s Artemis Accords have been well received by U.S. allies. But competitors warn that the accords could escalate tensions and competition that exist between the U.S. and its allies on one hand, and China and Russia, on the other.
Winter 2020 Supplement for 'Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials'
The Winter 2020 Supplement for Bradley, Deeks, & Goldsmith, Foreign Relations Law: Cases and Materials (7th ed. 2020) is now available on Lawfare.
We summarized the 531-page, heavily redacted report by the inspector general of Australia’s Defense Force alleging war crimes by Australian special forces in Afghanistan.
Are the Kurds seeking self-governance in northern Syria protected?
When does customary international law permit an adversary to attack the U.S. in a neutral defense partner's territory?
Significant rulings on two doctrines—standing and scienter—show that Title III’s scope will remain unsettled for a while.