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"INTERNATIONAL AIR LAW"
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Legitimate targets? : social construction, international law and US bombing
\"Based on an innovative theory of international law, Janina Dill's book investigates the effectiveness of international humanitarian law (IHL) in regulating the conduct of warfare. Through a comprehensive examination of the IHL defining a legitimate target of attack, Dill reveals a controversy among legal and military professionals about the 'logic' according to which belligerents ought to balance humanitarian and military imperatives: the logics of sufficiency or efficiency. Law prescribes the former, but increased recourse to IL in US air warfare has led to targeting in accordance with the logic of efficiency\"-- Provided by publisher.
Book
Open Skies
This book recounts and analyzes the history of one of the best-kept diplomatic and security secrets of the last half-century-the Open Skies Treaty: a treaty that allows the U.S., the Russian Federation, and over 30 other signatories to fly unarmed reconnaissance aircraft over one another's territory. First proposed by President Eisenhower in 1955, shelved by succeeding administrations, re-launched by President George H. W. Bush in 1989, and finally ratified in 2002, the Treaty has been one of the most important security instruments of the 21st century-with over 1,000 flights logged to date providing confidence for the governments, intelligence communities, and militaries of former and potential adversaries.
Written by a professor and former diplomat who was deeply involved in the negotiations of the Open Skies Treaty from 1989 to 1995, this book is a meticulous work of political history that explores how Open Skies affected, and was affected by, the extraordinary times of its negotiation-during which the Cold War ended and the Soviet Union collapsed. But it is also a potential blueprint for future applications of the Open Skies concept by providing insights into the role that cooperative aerial monitoring can play in helping to transform other difficult relationships around the world. As such it will serve as a negotiation handbook for diplomats, bureaucrats, and politicians and as a case-study textbook for IR students and students of diplomacy.
eBook
PERFECT PITCH OR PITCH PERFECT: THE VOICE OF MIXED JURISDICTIONS IN THE COMPARATIVE LAW DISCOURSE
Mixed jurisdictions are uniquely positioned to add their voice to the comparative law conversation. This article forays into worlds that have not been featured in the traditional mixed jurisdiction scholarship, which has narrowly discussed civil law/common law encounters. In a first case study, the article explores how a mixed jurisdiction perspective might have persuaded the US Supreme Court to construe the French source term /ésion corporelle in an international air law treaty to cover purely mental injuries. The article's second case study features the Iranian waqf-a property endowment, which is rooted in Twelver Shia Islam, yet housed in a codification reminiscent of the great European codes. In addition, the Iranian waqf exhibits a powerful capacity to converse with other Islamic schools of jurisprudence in Sunni and Shia Islam as well as counterparts in the common law (in particular, the trust) and the civil law (in particular, the foundation) when it comes to isolating, managing and disposing of assets for designated purposes. In the light of both case studies, the article concludes with a call for a broader conception of mixity.
Journal Article
After Action: The U.S. Drone Program's Expansion of International Law Justification for Use of Force Against Imminent Threats
Until the 2000s, the United States' attempts to shift international legal norms on imminence to allow for greater use of armed force abroad were largely unsuccessful. In the past two decades, however, drone use and careful legal gamesmanship by U.S. officials have opened an unprecedentedly broad allowance for use of force in imminent self-defense. As drones become increasingly available to state and non-state actors, this permissive regime poses a threat to national and international security. This Note analyzes two decades of international customary law formation around drone use outside of armed conflict through a new lens post U.S.-withdrawal of Afghanistan. It traces the history of the imminence exception to Article 2(4)'s prohibition on use of force, U.S. attempts to expand that exception, and the history of drone use outside of armed conflict. It then analyzes recent opinio juris and state practice to point to the adoption of elongated imminence into customary international law. Finally, it identifies some of the dangers of the current permissive paradigm and presents opportunities for U.S. leadership in forming a more advantageous and secure definition of imminence.
Journal Article