Remarks by Stephen Pomper

2017 ◽  
Vol 111 ◽  
pp. 123-127
Author(s):  
Stephen Pomper
Keyword(s):  
United States ◽  
International Law ◽  
Security Council ◽  
The United States ◽  
Single Event ◽  
Humanitarian Emergency ◽  
The Third ◽  
The Face ◽  
Legal Justification ◽  
The U.S

We are having this conversation now because of the April 7 strikes on the Shayrat Airfield in Syria, but the question of how one justifies forcible measures in the context of a humanitarian emergency, and in the face of a deadlocked Security Council, is one that deserves urgent attention beyond the context of any single event. Progress toward answering this question has, however, been mired in a long-standing debate between those who believe that there is no credible international law justification for humanitarian intervention—and that the U.S. government should instead justify interventions like those taken at Kosovo and Shayrat as morally “legitimate”—and those who believe a legal justification can and should be put forward. I am very much in the latter camp and will use my time now to explain how I arrived at this position as a policy and as a legal matter by looking at three questions: the first question is whether legal justification is the direction that the United States should go in as a matter of policy. The second question is whether legal justification is credibly available as a matter of international law. The third question (which assumes the answer to the first and second is yes) is how to go about articulating and disseminating such a justification. Let me take these in order.

How May Tribunals Apply the Customary Necessity Rule to the Argentine Cases? An Analysis of ICSID Decisions with Respect to the Interaction between Article XI of the U.S.-Argentina BIT and the Customary Rule of Necessity

2013 ◽  
Author(s):  
El-Hage Javier
Keyword(s):  
United States ◽  
International Law ◽  
United States Of America ◽  
The United States ◽  
Customary International Law ◽  
Legal Norms ◽  
Specific Focus ◽  
Argentine Republic ◽  
The Face ◽  
The U.S

This chapter addresses the question of why the nine decisions from the International Centre for Settlement of Investment Disputes (ICSID) arising under the treaty between the United States of America and the Argentine Republic concerning the reciprocal encouragement and protection of investment have been so inconsistent in the face of largely undisputed facts and identical legal norms. It first sets forth, in abstract, a set of interpretive parameters and corresponding legal rationales that may be followed by tribunals when dealing with situations in which treaty and customary international law rules interact. It then analyzes each of the Argentine decisions according to the interaction rationales chosen by tribunals and committees, with a specific focus on the consistency of their own arguments for the application of the rule of necessity of customary international law.

Ban Ki-moon, 2007–2016

2018 ◽  
Author(s):  
Richard Gowan
Keyword(s):  
United States ◽  
Decision Making ◽  
Security Council ◽  
Large Scale ◽  
Central African Republic ◽  
The United States ◽  
Cautious Approach ◽  
Peacekeeping Operations ◽  
Council Decision ◽  
The Face

During Ban Ki-moon’s tenure, the Security Council was shaken by P5 divisions over Kosovo, Georgia, Libya, Syria, and Ukraine. Yet it also continued to mandate and sustain large-scale peacekeeping operations in Africa, placing major burdens on the UN Secretariat. The chapter will argue that Ban initially took a cautious approach to controversies with the Council, and earned a reputation for excessive passivity in the face of crisis and deference to the United States. The second half of the chapter suggests that Ban shifted to a more activist pressure as his tenure went on, pressing the Council to act in cases including Côte d’Ivoire, Libya, and Syria. The chapter will argue that Ban had only a marginal impact on Council decision-making, even though he made a creditable effort to speak truth to power over cases such as the Central African Republic (CAR), challenging Council members to live up to their responsibilities.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

Security Council

1963 ◽  
Vol 17 (1) ◽  
pp. 226-230
Keyword(s):  
United States ◽  
Soviet Union ◽  
International Law ◽  
Security Council ◽  
The United States ◽  
United States Government ◽  
The Soviet Union ◽  
The World ◽  
Peace And Security ◽  
States Government

The Security Council discussed this question at its 1022nd–1025th meetings, on October 23–25, 1962. It had before it a letter dated October 22, 1962, from the permanent representative of the United States, in which it was stated that the establishment of missile bases in Cuba constituted a grave threat to the peace and security of the world; a letter of the same date from the permanent representative of Cuba, claiming that the United States naval blockade of Cuba constituted an act of war; and a letter also dated October 22 from the deputy permanent representative of the Soviet Union, emphasizing that Soviet assistance to Cuba was exclusively designed to improve Cuba's defensive capacity and that the United States government had committed a provocative act and an unprecedented violation of international law in its blockade.

scholarly journals International Law in the US Legal System

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
Foreign Affairs ◽  
Sovereign Immunity ◽  
War Powers ◽  
Jus Cogens ◽  
The U.S

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional Founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

A Lack of Language – Waging War or Combatting Crime? The Blurred Rule of International Law in the Face of the Attacks of September 11, 2001

2001 ◽  
Vol 2 (17) ◽  
Author(s):  
Claus Binder
Keyword(s):  
United States ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
Public And Private ◽  
The Public ◽  
Self Defense ◽  
The Face ◽  
The United Nations

After the terrorists' attacks of September 11, 2001, a lot of war rhetoric came out of the public and private sphere within the United States of America. On October 7, 2001, however, the rhetoric turned into reality as President George W. Bush countered the terrorist attacks and the threat of future terrorism with military means. While waging that new war U.S. governmental officials constantly make one important point, and that is that the United States are just exercising their right of self-defense. Moreover, on the day after the attacks, the Security Council of the United Nations unanimously reaffirmed the inherent right of self-defense as recognized by the Charter of the United Nations. Does that mean that international law is just that clear?

Basic U. S. Sources For Current Research In International Law: An Elementary Vade-Mecum

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
Intergovernmental Organizations ◽  
Department Of State ◽  
The Public ◽  
The Government ◽  
The Many ◽  
The U.S

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State

Immigrant Neurologists in the United States: The Path of Most Resistance

Neurology ◽  
2020 ◽  
pp. 10.1212/WNL.0000000000011196
Author(s):  
Abhimanyu Mahajan ◽  
Zachary London ◽  
Andrew M. Southerland ◽  
Jaffar Khan ◽  
Erica Schuyler
Keyword(s):  
United States ◽  
Private Practice ◽  
The United States ◽  
Vital Role ◽  
International Medical Graduates ◽  
Medical Graduates ◽  
The Face ◽  
Healthcare Crisis ◽  
A Current ◽  
The U.S

International Medical Graduates (IMGs), individuals who graduated from medical school outside of the United States or Canada, constitute 31.3% of active neurologists and one-third of current neurology trainees. While three-fourths of IMG neurology trainees are not U.S. citizens, they are an integral part of our trainee and practice workforce. IMGs play a vital role in providing greater access to healthcare for millions of patients, particularly in traditionally underserved regions and in the face of a current global healthcare crisis.With this article, we outline some of the unique challenges faced by immigrant, U.S.-trained neurologists as they seek to provide neurological care across the country, including preparing and applying for residency, securing authorization to remain in the U.S. to practice, and positioning themselves for successful careers in academic and private practice. We also call for advocacy and legislation to help reduce these barriers as a means to address the increasing physician workforce gap.

scholarly journals Where We Are Now –The Presence and Importance of International Students to Universities in the United States

2014 ◽  
Vol 4 (3) ◽  
pp. 223-235 ◽  
Author(s):  
Niall Hegarty
Keyword(s):  
United States ◽  
International Students ◽  
International Education ◽  
International Student ◽  
The United States ◽  
International Competition ◽  
The Face ◽  
Major Industry ◽  
The U.S ◽  
Job Prospects

This paper highlights the importance of international students to the United States by discussing their impact and necessity to U.S. universities. International student enrollment is a major industry of importance to the U.S. economy and despite arduous visa processes and diminished job prospects their enrollment numbers continue to grow. The Institute of International Education (2012) reports that a lack of funding to public universities has increased their reliance on the revenue provided by international students while private universities also seek to bolster their position in the face of increased international competition. The importance of international students in under-enrolled majors, their necessity as a vital revenue stream for universities and the challenges faced by both student and host university are also discussed. The author provides recommendations for improving the educational experience of international students through improved relationships with university constituents in order to maintain the attractiveness and competitiveness of the U.S.

scholarly journals Children Asylum Seekers Face Challenges in the United States

Refuge ◽  
2002 ◽  
pp. 13-20
Author(s):  
Andrew Morton ◽  
Wendy A. Young
Keyword(s):  
United States ◽  
International Law ◽  
Asylum Seekers ◽  
The United States ◽  
Asylum Policy ◽  
Legal Standards ◽  
The U.S ◽  
Made In

This article outlines U.S. policy toward children asylum seekers. It highlights the gaps in U.S. detention and asylum policy which jeopardize the protection of children. It also discusses advances made in recent years, such as issuance of the U.S. “Guidelines for Children’s Asylum Claims” which establish evidentiary, procedural, and legal standards for asylum adjudicators dealing with children’s claims. Finally, it suggests reforms that are necessary to bring the United States into compliance with international law and to ensure that children are provided the refuge they deserve.

Sign in / Sign up

Export Citation Format

Share Document