Latest in Foreign Relations & International Law
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Two New CRS Reports on War
Courtesy of the invaluable Secrecy News: No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress Declarations of War and Authorizations for the Use of Military Force: Historical Bac... -
The Legal Reason Why the Obama Administration Won’t Call the Libya Action “War”
Critics are starting to swarm around the Obama administration’s increasingly unintuitive claim – in the sixth day of what the New York Times now describes as “ferocious” air strikes on ground forces, tan... -
Is the Libyan Intervention “War”?
Charlie Savage reports that the Obama administration’s “legal team appears to be distinguishing between a full war and a more limited military operation, on the theory that the Libyan intervention falls ... -
Letter From the President to Congress re Libya Operations
Today President Obama sent this letter to Congress, “as part of [his] efforts to keep the Congress fully informed, consistent with the War Powers Resolution,” about the recent operations in Libya. After... -
Why the President’s Campaign in Libya is Constitutional
I make the case, mostly drawing on arguments previously made on this blog, in Slate. I also make the obvious point that just because it is lawful does not mean it is a good idea. -
Presidential War Unilateralism and the Role of a Government Lawyer: The Case of Harold Koh
The U.S. -
The Libya UNSCR Helps the President’s Domestic Constitutional Arguments
It looks like the Obama Administration is planning to deploy some form of U.S. -
Constitutional Interpretation Depends on Where You Sit and When You Act
Michael Stransky’s email led me to reread the questions Charlie Savage asked Senators Obama and Clinton in late 2007. The question and answers are worth considering in full. Savage asked: In what circu... -
U.S. Intervention in Libya Will Likely Take Place Without Congressional Authorization [Updated]
The U.N. -
Democrat Views of Unilateral Presidential War Power During Bush Years
In anticipation of the growing likelihood of some form of U.S. -
White House Confirms that U.S. Practices in NIAC, While Consistent With Article 75, Are Not Governed By That Provision
According to Julian Barnes at the Wall Street Journal, the White House has confirmed that (a) Article 75 of Protocol I does not apply in the Non-International Armed Conflict with al Qaeda as customary in... -
My Last Word on Article 75
In the esoteric discussion about whether and how Article 75 of Protocol I, a treaty about international armed conflict (IAC), applies in the Non-International Armed Conflict (NIAC) with al Qaeda and The ...
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