Fixing War Powers and Constraining Presidential Power?
Last week, the National War Powers Commission published its report on how to fix war powers. The Commission notes that the War Powers Resolution of 1973 has been monumentally ineffective at resolving fundamental questions — both constitutional and political — of war powers.
The Politics of Justice: The International Criminal Court Prosecutor seeks a Warrant
There is some irony in the criticism of ICC Chief Prosecutor Luis Moreno Ocampo for issuing his request for a warrant of arrest for Sudanese President Omar Hassan Ahmad Al Bashir. The Office of the Prosecutor (OTP) was previously criticised for moving too slowly and for not targeting high levels of the government. How sensitive to a politics of consequence, then, should the Prosecutor be?
Freezing Arctic Jurisdiction: The case for a regional oil bank
In the spring of 1970, Canada unilaterally enacted legislation to regulate activities in the Arctic Ocean. While criticized as an attempt to assert ownership over what was then perceived to be international territory, the act signalled a bold willingness to prosecute polluters in the absence of sufficient rules of international law. Canada acted to protect the Arctic Ocean’s pristine nature for all of mankind. Today, retreating polar ice and the potential for extensive oil and gas reserves have renewed interest in the region, but for a far less altruistic motive.
Assessing the Legality of Kosovo’s Declaration of Independence
On February 17, 2008, the parliament of Kosovo declared Kosovo’s independence from Serbia. This essay considers whether the declaration of independence and the recognition by various states of that declaration can be justified under existing international law.
