International Law Behind the Headlines

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. securi...

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 t...

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 t...

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...

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 cr...

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 territo...

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...

Drawing from her experiences serving at the White House and the State Department during the Obama Administration, Tess Bridgeman discusses how international law is incorporated into U.S. policy and decision-making at the highest levels, what we are seeing now under the Trump Administration, and what we can expect for the future. For one example, in an abrupt shift in policy, President Trump announ...

Is a cyberwar the realm of science fiction? What is the most pressing cyber threat we face and are we prepared? What international framework do we need? Guest Carlin discusses his new book, Dawn of the Code War: America's Battle Against Russia, China, and the Rising Global Cyber Threat, and the stakes of the “code war” that requires new ways of thinking and structures to address the rising cyber t...

In November, Russia seized three Ukrainian vessels and crew members off the coast of Crimea in what then-U.S. Ambassador to the U.N. Nikki Haley condemned as a violation of international law and “another reckless Russian escalation” in the conflict between Russia and Ukraine. Guest James Kraska explains the incident in the context of the conflict and legal disputes between Russia and the Ukraine,...

Is the post-World War II international order being dismantled? Are we witnessing an unprecedented assault on the international order, or are current events just part of a natural ebb and flow of history? In the inaugural episode, we sat down with top experts in international law for their assessments on the current historical moment, how we got here, and the future of the international order. In P...

Is the post-World War II international order being dismantled? Are we witnessing an unprecedented assault on the international order, or are current events just part of a natural ebb and flow of history? In the inaugural episode, we sat down with top experts in international law for their assessments on where we stand today, how we got here, and the future of the international order. In Part I, gu...