International Law Behind the Headlines

What does the law of treaties—and jus ad bellum—say about peace treaties? We discuss these issues, the history of peace treaties, and their possible future with Greg Fox, who has written widely on peace agreements and their evolution.

On this episode Samantha Rowe, partner in the London office of Debevoise and Plimpton, joins the podcast to discuss the recent Trump executive order aimed at jumpstarting deep seabed mining, the role of the International Seabed Authority, and evolving custom in the law of the sea.

This episode considers the implications of a second Trump administration for international law and policy in the United States and explores the future of the World Trade Organization (WTO). Catherine speaks with Amy Porges, a long-time practitioner of international trade law who participated in drafting the WTO agreements, and later represented the United States before the WTO as Senior Counsel for Dispute Settlement and head of enforcement at the Office of the U.S. Trade Representative. This episode examines the history of the WTO and the United States's relationship with the organization, including considering the potential approach of the Trump administration to tariffs.

Richard Gowan, Director for UN and Multilateral Diplomacy at the International Crisis Group and one of the world's chief UN watchers, joins the podcast to discuss what to expect with the new Trump team in Turtle Bay.

In this episode, Catherine is joined by Sean D. Murphy, Manatt/Ahn Professor of International Law at George Washington University and former Member of the UN International Law Commission, where he served as Special Rapporteur on the topic of Crimes against Humanity. Together, they discuss the UN General Assembly's recent resolution to proceed with negotiations towards a Convention on Prevention and Punishment of Crimes against Humanity, the history of the topic, and what can be expected as negotiations proceed.

In this first of a multi-part series exploring the implications a second Trump administration for international law and policy in the United States, Catherine is joined by Steve Hill, the Executive Secretary of the Institute for International Justice and Rule of Law and former Director of the Office of Legal Affairs at NATO headquarters. This episode explores the history of NATO, its current challenges in light of Russia's war in Ukraine, and the future of this historic political and military alliance.

In this episode, featuring Professor Leila Sadat, we discuss the recent rise in violent extraterritorial action by states, such as the allegations by Canada that Indian agents killed a Sikh separatist leader in Canada, and the legal framework governing such action and possible reactions.

Peter Singer is Senior Fellow at New America, author of Wired for War and LikeWar, and one of the nation's leading experts on the evolution of armed conflict. We discuss the revolutions underway in drone warfare, AI, and robotics and their implications for international law.

In this episode, Professor Monica Hakimi of Columbia discusses the international law governing sieges, how it interacts with IHL generally, and its application to the conflict in Gaza.

Reports from the Seventy-seventh World Health Assembly indicate a willingness from member States to finalize the Pandemic Treaty ­– a proposed legal framework that endeavors to coordinate the global response to future pandemics – within the next year. In this episode, WHO Principal Legal Officer Steven Solomon and WHO Senior Legal Officer Kenneth Piercy join us to pull back the curtain on the treaty negotiations so far and, with an eye to the future, discuss what a concluded Treaty could mean for global pandemic preparedness.

A month after this year's International Women's Day and as we approach the eighty-eighth session of the Committee on the Elimination of Discrimination against Women (the “CEDAW Committee”), we must ask: where do we collectively stand in light of the ongoing and new threats to the rights of girls and women around the world, and what comes next? Join us as Professor Rangita de Silva de Alwis of the University of Pennsylvania Law School and Harvard Kennedy School of Government, explores the current time of “great promise and great peril” for the rights of women and girls and the role of the CEDAW Committee in shaping the future of gender equality.

The 28th United Nations Climate Change Conference (“COP28”) concluded on December 13, 2023—with almost 200 countries signing a landmark Stocktake agreement and wide agreement to transition away from fossil fuels. Many commentators have heralded COP28 as a success. Was it, and what comes next for meaningful climate action in the lead-up to COP29? Join us in conversation with Dr. Christina Voigt, Professor of Law at the University of Oslo and Co-Chair of the Paris Agreement Implementation and Compliance Committee, as we look back at COP28, look ahead to COP29, and assess opportunities for effective action to address climate change and its impacts.

From new launches, private and public, into outer space to the growing challenge of “space debris,” space is a growing challenge for international lawyers. We discuss some of the current and emerging issues with Ina Popova, partner in the international dispute resolution group at Debevoise and Plimpton.

Just Security Editors in Chief Tess Bridgeman and Ryan Goodman join Kal to discuss some of the hardest legal questions raised by the current conflict in Israel and Gaza. Topics include civilian-combatant distinctions; human shields; the law of siege and occupation; and the targeting of hospitals and other special facilities.

In this episode, we speak with the first chief prosecutor of the International Criminal Court to discuss the recent actions of the ICC against Vladimir Putin.

In this episode, Catherine Amirfar interviews co-host Kal Raustiala about his new book, The Absolutely Indispensable Man: Ralph Bunche, the United Nations, and the Fight to End Empire.

How does feminist thought intersect with international law? Catherine Powell and Adrien Wing join Kal to discuss the recent AJIL Unbound symposium on feminist theories of international law.

In this episode, Catherine speaks with Judge Chile Eboe-Osuji—former President of the International Criminal Court—about why international criminal justice is relevant today, his position on supporting an international tribunal to prosecute the crime of aggression related to Russia's war in Ukraine, the relationship between international criminal law and media freedom, the most difficult decision he has made in his illustrious carer in international justice, and more.

In this episode David Sloss of Santa Clara Law School discusses his new book, Tyrants on Twitter, and his proposals to combat disinformation and the misuse of social media by foreign actors.

Saudi leader Mohammed bin Salman is being sued in federal court with regard to the brutal murder of Jamal Khashoggi. A key issue is whether MBS's apparent power and key leadership role give him immunity. We explore this issue, along with related foreign relations law questions, with Chimene Keitner, Fromm professor of law at UC Hastings and former counselor to the State Department.

In this episode Kal speaks with the co-editors of the recent AJIL Unbound symposium on Ukraine and International Law, who discuss the contributions to the symposium and make the case that despite the horrific violence in Ukraine international law has fared better, and appears more resilient, than many might think.

The UN Charter in Article 2(4) governs not only the use of force but also threats to use force. The situation in Ukraine raises many questions about threats and how they are treated under international law. In this episode, we speak with James Campbell Professor of Law Monica Hakimi about the issue of threats and how they fit into the larger legal structure governing the use of force.

Episode 33: Non-Binding Agreements and International Law with Oona Hathaway by American Society of International Law

In this episode Kal interviews Axios Chief Financial Correspondent and Slate Money host Felix Salmon about the recent, massive data dump of financial documents related to offshore tax avoidance and evasion, money laundering, and the role of lawyers in enabling and regulating this activity.

Rebecca Hamilton of American University comes on the podcast to discuss the recent events around “AUKUS,” the Australia/UK/US security arrangement and submarine deal, and its implications for the Non Proliferation Treaty, foreign relations in the Indo-Pacific, and everyone's relations with France.

With COP26 fast approaching, can the parties develop better methods for dispute settlement? In this episode ASIL President Catherine Amirfar discusses the issue and importance of the conciliation annex under the Paris Agreement on climate change.

In this episode we discuss vaccine passports, new multilateral agreements, and other emerging legal Issues in Geneva and elsewhere with Gian Luca Burci, former Legal Counsel of the WHO and professor at the Graduate Institute.

In this episode we discuss the recent plane diversion by Belarus, which has been called a “state sponsored hijacking“. Joining us to analyze the international legal framework governing such incidents is Cameron Miles.

Episode 27: the Biden Administration and the Use of Force by American Society of International Law

President Trump sought to exit the WHO and the Paris Accord; President Biden is reversing both of those decisions. In this episode our guest Duncan Hollis, editor of the Oxford Guide to Treaties, explores how treaty exit and entrance work, who governs these processes, and many other related issues.

This episode features Kathleen Claussen, co-author of the recent “The Perils of Pandemic Exceptionalism” in the ,em>American Journal of International Law, discussing how the COVID-19 pandemic may reshape international economic law.

In this episode we speak with David Kaye, former UN Special Rapporteur for Freedom of Opinion and Expression, about content moderation, social media, disinformation, and international law, especially in the context of elections.

In this episode we speak with Bonnie Glaser, head of the China Power Project at CSIS, about the recent State Department endorsement of the 2016 arbitral ruling on maritime claims in the South China Sea. We cover what’s new, what’s not, and what is likely to happen between the US and China now that the US has formally endorsed the tribunal’s findings.

In this episode we speak with former National Security Council lawyer Tess Bridgeman about the Iran Deal, the recent maneuvers by the Trump administration at the UN to reimpose sanctions, and whether the US still a participant in the JCPOA.

The EU is the leading regulatory power in the world today. Why is it so influential and how does its influence manifest itself? Will it remain influential in the future? In this episode, Kal Raustiala talks to Anu Bradford about her new book The Brussels Effect.

Catherine is joined by Dr. Tom Ginsburg, Professor of International Law and Political Science at the University of Chicago, to discuss his recent article “Authoritarian International Law?” in the American Journal of International Law. Their wide-ranging conversation explores the liberal foundation of international law, how countries with authoritarian governments may be re-writing those very foundations, and the implications that can have for democracies. Catherine and Dr. Ginsburg also discuss the responses to the COVID-19 pandemic in states around the world and why those responses may not quite be a harbinger of new authoritarian trends.

In this episode Kal Raustiala speaks with Gian Luca Burci, former legal counsel at the World Health Organization, about how international law shapes the response of states to infectious disease. What do WHO rules permit and forbid? Does human rights law permit quarantines? What about trade embargoes and World Trade Organization commitments?

In this episode, Catherine Amirfar speaks with Professor Katharine Young, associate professor of law at Boston College Law School and expert on human rights about her take on the last decade in human rights, especially considering the work and possible effect of the State Department’s newly-formed Commission on Unalienable Rights. Professor Young also discusses the potential role of the United States in the direction of human rights discourse and enforcement in the years ahead.

In this episode with Larry Johnson, former Assistant Secretary-General for Legal Affairs at the UN, we discuss the recent denial of a visa to Iranian Foreign Minister Javad Zarif, which occurred as tensions between Iran and the US reached a boiling point. We explore the complex history and law governing travel to and from the UN and the US’s obligations as the host nation under the Headquarters Agreement.

This episode features a conversation with Avril Haines, assistant to the president and Principal Deputy National Security Advisor to President Obama and the first woman to hold the positon of the Deputy Director of the CIA. Avril addresses the most recent events since the U.S.’s targeted drone strike of Iranian General Qasem Soleimani, including the legal and policy ramifications of the strike for the United States and its allies, as well as the nature and extent of the President’s authority to order the strike under both international and US law.

In this episode we speak with former Sec. of Defense Carter about crafting national security strategy, the role of international lawyers, and his new book Inside the Five-Sided Box.

In this episode we talk with Penn Law Prof and foreign relations law expert Jean Galbraith about the legal basis and political context of the Trump administration’s recent—and unprecedented—suit against California for engaging in an agreement with Quebec to implement a shared cap and trade system.

In this episode, Catherine Amirfar and Kal Raustiala discuss this fall’s opening of the UN General Assembly and the key themes and issues that emerged, including Iran, Saudi Arabia, and climate change.

Tensions between Iran and the US have reached a critical level, culminating in senior-level discourse during last week’s UN General Assembly meetings in which the United States, Saudi Arabia, and other countries focused on allegations that Iran was responsible for a military drone strike on Saudi Arabia’s oil fields. This is just the latest event in a quickly evolving military situation, with the Trump administration pulling the US out of the Iran Nuclear Deal and reinstating sanctions on Iran, and includes the US downing an Iranian drone in the Strait of Hormuz. In this episode, Catherine Amirfar sits down with Brian Egan, a partner at the law firm of Steptoe & Johnson, a former senior legal official at the White House and the National Security Counsel, and the Legal Adviser at the Department of State in the Obama Administration. Brian discusses the historic moment of the tension between the two countries, as well as the international legal backdrop to the risk of a U.S. military confrontation with Iran. This backdrop includes in what potential circumstances the Trump administration could deploy military force as a matter of international law and what legal and political implications follow if the US does so.

What information can or should the government be able to discover in the name of national security, when information is among the most valuable currency of the intelligence community? Former General Counsel to the Office of the Director of National Intelligence, Robert Litt, talks through issues on the legal cutting edge of intelligence gathering and privacy. Are the concepts of privacy vs. security as diametrically opposed as they seem? Is the real issue what the government knows, or how they use it? Mr. Litt answers these questions and more, and offers his comments on the state of the intelligence community, in America and abroad, as well as the assessment of the intelligence community on Russia and its interference with the U.S. presidential election.

Ben Rhodes was one of President Obama’s most trusted foreign policy advisors, the author of many of his key foreign policy speeches, and Deputy National Security Advisor. In this episode we discuss the development of two signature international agreements of the Obama years—the Iran Deal and the Paris Accord—as well as the difficulty of securing Senate consent to treaties; the role of lawyers in the Obama White House; and the current tensions between the US and China.

The 1987 Intermediate-Range Nuclear Forces (“INF”) Treaty, which required the destruction of the ground-launched ballistic and cruise missiles with a range between 500 and 5,500 kilometers, was a landmark nuclear arms-control pact with Russia that has been described as a cornerstone of European security. However, citing treaty violations by Russia, the Trump Administration announced its decision to withdraw from the INF Treaty in February. Drawing from his experiences at the Defense Department where he negotiated nuclear disarmament agreements and advised on international security issues, Jeff Pryce discusses his perspectives on the historical context of the INF Treaty, the U.S. decision to withdraw, Russia’s response, the situation with China, and the significance and potential impacts of its demise. Guest: Jeff Pryce, Of Counsel at Steptoe & Johnson LLP, Professorial Lecturer at the Johns Hopkins School of Advanced International Studies, Fellow at the Johns Hopkins SAIS Foreign Policy Institute, and former Special Counsel for International Affairs and Counselor to the Under Secretary of Policy at the Department of Defense.

In this episode, we sit down with Dame Rosalyn Higgins, former judge and President of the International Court of Justice, for her reflections on the role and practice of the Court as well as on her recent project, the Oppenheim’s International Law: United Nations (2017), a two-volume, authoritative study of the legal practice of the UN. Dame Rosalyn discusses the development of the law of immunity of international organizations, the U.S. Supreme Court’s decision and Justice Breyer’s sole dissent in Jam v. International Finance Corporation, and what the case may portend for the future of multilateralism and the independence of international organizations.

In this episode we speak with Chimene Keitner, Fromm Professor of Law at Hastings and former Counselor at the State Department about the very unusual case of a foreign sovereign entity claiming immunity with regard to a subpoena from the Mueller investigation. Shrouded in extreme secrecy, the case raises interesting questions about the 1976 Foreign Sovereign Immunities Act and its connection to criminal, rather than civil, actions.

In this episode, Kal Raustiala speaks with use of force expert Adil Haque of Rutgers Law School, author of Law and Morality at War, about the recent skirmishes at the India - Pakistan border triggered by a cross-border terrorist attack. What are the implications for the law governing the use of force? How can states protect themselves against non-state actors taking refuge in other state’s territory?

The United States now faces three cases before the International Court of Justice: two instituted by Iran and one by Palestine. With new cases pending against the U.S. in the ICJ, the Trump Administration announced its decision to withdraw from the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran and the 1961 Optional Protocol to the Vienna Convention on Diplomatic Relations. What are the implications of the ICJ’s decision on provisional measures in Iran v. United States? Will the U.S. drop out of the case? Were the treaty withdrawal decisions an overreaction or are they justified? Guest John Bellinger discusses his perspectives on the ICJ cases against the United States and U.S. foreign policy and decision-making considerations for treaty withdrawals. Guest: John Bellinger, partner at Arnold & Porter and former Legal Adviser to the U.S. Department of State and Senior Associate Counsel to the President and Legal Adviser to the National Security Council.