Case Western Reserve Journal of International Law

Articles from Vol. 45, No. 1-2, Fall

America's Drone Wars
CONTENTS I. INTRODUCTION II. THE OBAMA ADMINISTRATION "LAWYERS UP" III. SOME PRELIMINARY LEGAL QUESTIONS RAISED BY THE USE OF DRONES BY THE UNITED STATES A. What Legal Regime Justifies the Use of Lethal Force Against Terrorists...
An Insufficiently Accountable Presidency: Some Reflections on Jack Goldsmith's Power and Constraint
Abstract In his insightful and highly readable new book, Power and Constraint, Jack Goldsmith argues that contrary to popular perception, executive branch activity in our enduring, post-9/11 era has been adequately constrained by a range of novel...
A Tragi-Comedy of Errors Erodes Self-Execution of Treaties: Medellin V. Texas and Beyond
Abstract The 2008 U.S. Supreme Court decision in Medellin v. Texas has generated concern that the doctrine of self-execution of treaties is being eviscerated. The Court's decision involved misapplication of that doctrine in a case in which self-execution...
Climate Change, Presidential Power, and Leadership: "We Can't Wait"
Abstract The United States now has a climate change policy focused on reducing carbon dioxide and other greenhouse gases (GHGs). Most of this policy has been generated by the Obama Administration through executive action, primarily within the Environmental...
Comparing the Approaches of the Presidential Candidates
Ms. ANDERSEN: I am very pleased to welcome today two individuals who are representatives of the two candidates. They both want me to be very clear, they are not officially representing the campaign for the candidates, but they both have long and close...
Cyberwar and Unmanned Aerial Vehicles: Using New Technologies, from Espionage to Action
Abstract Every country on the planet is constantly on the lookout for new strategies that will protect national security. The quest for new tools is as old as warfare itself. Hundreds of years ago, cannons were the height of technological development....
Executive Power in a War without End: Goldsmith, the Erosion of Executive Authority on Detention, and the End of the War on Terror
Abstract The post-9/11 world has provided an excellent environment to examine the reach of presidential power and the constraints placed upon it by Congress and the courts. Professor Jack Goldsmith argues that controversial Bush-era detention practices...
Inadvertent Implications of the War Powers Resolution
Abstract The constitutional infirmity of the War Powers Resolution has been uniformly demonstrated by more than four decades of bipartisan experience. The Resolution manifestly fails to eliminate the healthy inter-branch tensions that are in our...
Lending an "Invisible Hand" to the Navy: Armed Guards as a Free Market Assistance to Defeating Piracy
Abstract Piracy may be viewed to have a romantic past but modern piracy is a serious problem facing the world today. As it becomes increasingly prevalent, piracy barras the world economy with increased costs and dangers to the shipping industry....
Power and Constraint: National Security Law after the 2012 Election
Thank you very much, Michael. And thanks to you and everyone at the Cox Center for organizing this conference and inviting me to speak. The title of my lecture derives from my book Power and Constraint: The Accountable Presidency After 9/11. (1) Today...
Presidential Foreign Policy: An Opportunity for International Law Education
Abstract This essay explores an interesting opportunity for the president in the foreign policy arena: the role of educator on international law and its central principles, for both the president and his surrogates in the executive branch. In the...
Preventing Mass Atrocity Crimes: The Responsibility to Protect and the Syria Crisis
CONTENTS I. INTRODUCTION II. BACKGROUND TO THE RESPONSIBILITY TO PROTECT DOCTRINE A. Kosovo B. The Right of Humanitarian Intervention III. EMERGENCE OF THE RESPONSIBILITY TO PROTECT DOCTRINE A. Content of the ICISS Report ...
Reflections from the International Criminal Court Prosecutor
Distinguished ladies and gentlemen, I am delighted to be with you today to give the Frederick K. Cox International Law Center Lecture on Global Justice. Allow me to thank the Case Western Reserve University School of Law for inviting me to speak to...
Rightly Dividing the Domestic Jihadist from the Enemy Combatant in the "War against Al-Qaeda"-Why It Matters in Rendition and Targeted Killing
Abstract The confusion associated with comprehending fundamental legal concepts associated with how America conducts the "War on Terror" centers around the unwillingness of the U.S. government to properly distinguish al-Qaeda unlawful enemy combatants...
Somebody Else's Problem: How the United States and Canada Violate International Law and Fail to Ensure the Prosecution of War Criminals
Abstract The United States and Canada have created programs to ensure that they will not be havens for war criminals and human rights violators. This, however, fails to meet their international legal obligation to ensure that suspected war criminals...
Targeted Killing: When Proportionality Gets All out of Proportion
Abstract Targeted killing sits at the intersection of law, morality, strategy, and policy. For the very reasons that lawful and effective targeted killing enables the state to engage in its care function of self-defense and defense of its nationals,...
The Politicization of Judgment Enforcement
Abstract In Medellin v. Texas, the Supreme Court went out o-f its way to disavow any intent to bring its analysis into the realm of civil litigation. This Article, prepared for the Frederick K. Cox International Law Center Symposium "Presidential...
The President and International Financial Regulation
Abstract The president's powers in foreign relations have long been touted as strong, but for international financial regulation, they are at their lowest ebb. Congress does not defer in it. The domestic agencies involved, in particular the Federal...
The United States' Use of Drones in the War on Terror: The (Il)legality of Targeted Killings under International Law
Abstract After the terrorist attacks of September 11, 2001, the United States government began to use drones against al-Qaeda targets. According to several media reports, the United States developed two parallel drone programs: one operated by the...
The War Powers Resolution-A Dim and Fading Legacy
Abstract The 1973 War Powers Resolution, adopted over the veto of a weakened President Nixon after the Vietnam War, has not fulfilled its supporters' hope of a stronger Congressional role in decisions involving U.S. uses of force. No administration...
The War Powers Resolution and Public Opinion
Abstract This essay focuses on the 1973 War Powers Resolution (WPR) and the impact of public opinion. Over the last forty years it might best be described as "political cover" for Congress. It allows Congress to abdicate its role in making decisions...
The War Powers Resolution at 40: Still an Unconstitutional, Unnecessary, and Unwise Fraud That Contributed Directly to the 9/11 Attacks
Abstract The 1973 War Powers Resolution was a fraud upon the American people, portrayed as a legislative fix to the problem of "imperial presidents" taking America to war in Korea and Vietnam without public approval or the constitutionally required...
Thoughts on Medellin V. Texas
Abstract This article explores how the Supreme Court's decision in Medellin v. Texas affected the scope of presidential powers. After analyzing the Court's rationale and discussing the history of the role of states in treaty ratification, the article...
United States Ratification of the Law of the Sea Convention: Securing Our Navigational Future While Managing China's Blue Water Ambitions
"[W]e all carne from the sea.... [W]e have salt in our blood, in our sweat, in our tears. We are tied to the ocean. And when we go back to the sea, whether it is to sail or to watch it we are going back from whence we carne." (1) --John F. Kennedy,...
War Powers, Foreign Affairs, and the Courts: Some Institutional Considerations
Abstract As other contributions to this symposium make clear, much of the debate over presidential power in foreign affairs has focused on the dynamics of policy-making within the executive branch and about the relationship between the executive...
War without End? Legal Wrangling without End
Abstract It is optimistic to argue, as Jack Goldsmith does, that debates in the Bush era generated a broad consensus on national security law in later years. Rather, partisan critics denounced a Republican administration .for violating the law,...