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Breaking News: Supreme Court rules there is a presumption against the extraterritorial applicability of the Alien Tort Statute

The Supreme Court issued its Opinion in Kiobel v. Royal Dutch Petroleum this morning. Chief Justice Roberts writing the Opinion of the Court:
We therefore conclude that the presumption against extraterritoriality applies to claims under the ATS, and that nothing in the statute rebuts that presumption.
.  .  .
On these facts, all the relevant conduct took place outside the United States. …

Outspoken critic of US detainee policies, former Navy General Counsel, Alberto Mora, to deliver Georgetown’s William V. O’Brien Lecture on International Law and Morality, April 30, 2013

Former General Counsel at the U.S. Department of the Navy, Alberto J. Mora, will deliver the William V. O’Brien Lecture at Georgetown University on Tuesday, April 30 at 5:00 in McNeir Auditorium. The Lecture is open to the public. To register for the event please go to this link.
Mora served as General Counsel from 2001 to 2007 and was an …

In appreciation of McDougal and Lasswell: A Response to Bainbridge and Manne

My dear friend (of over forty years!) and former fellow board member of the Virginia Journal of International Law, Steve Bainbridge, posts:

When I took International Law at Virginia, it turned out to be a course not about law but about the legal methodology of Myres McDougal. I hated it. No, I mean I hated it. Incomprehensible mumbo jumbo. So imagine …

NEW TIME, NEW LOCATION: Michael Walzer on the Ethics of Drones, March 13, Georgetown University




13 March 2013
5:30pm – 7:00pm
Intercultural Center Auditorium

Georgetown University

Georgetown University’s Master of Foreign Service (MSFS) and Berkley Center for Religion, Peace and International Affairs are pleased to offer this unique talk by Michael Walzer on a burning ethical issue of the …

The Strategic Implications of the U.S. Rebalancing Towards Asia, Feb. 19, 9AM, Georgetown University

The Master of Science in Foreign Service Program
Georgetown University School of Foreign Service
Air University Air War College

The Strategic Implications of the U.S. Rebalancing Towards Asia

Three military officers present differing perspectives of the current National Military Strategy

February 19th
9:00AM, ICC 7th Floor, Executive Conference Room

Kenneth Anderson’s Discussion of Judicial Oversight of Drones

Over at Lawfare my friend Kenneth Anderson comments on my earlier post on judicial oversight of drones:

Georgetown professor Anthony Clark Arend – old friend to many of us at Lawfare – has a new short post on whether judicial oversight of drones would be a good idea – or constitutional.  He is skeptical on both counts (this can be added …

Judicial Oversight of Drones?

Former Secretary of Defense Dr. Robert Gates today indicated support for some form of “check” on the President’s authority to use remotely controlled aerial vehicles against American citizens. The AP reports:
Former Defense Secretary Robert Gates says he finds merit in “some check” on a president’s ability to order drone strikes against American al-Qaida suspects overseas, lending support to creating a …

Cyber Operations and International Law: A “Secret” Legal Analysis?

Today’s New York Times reports:
A secret legal review on the use of America’s growing arsenal of cyberweapons has concluded that President Obama has the broad power to order a pre-emptive strike if the United States detects credible evidence of a major digital attack looming from abroad, according to officials involved in the review.
That decision is among several reached …

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Welcome! Who am I?

Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.