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Begin New Search Political Geography North America Author Oona A. Hathaway

1. Black Lives Matter Might Just Rescue American Democracy

Author:
Oona A. Hathaway and Daniel Markovits
Publication Date:
06-2020
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The past weeks in the United States have produced two horrifying varieties of violence. First, and all too familiar, the police killings of Breonna Taylor in Louisville, George Floyd in Minneapolis, and Rayshard Brooks in Atlanta follow a long and awful tradition of brutal state violence directed against Black Americans, beginning with chattel slavery and extending through the fugitive slave laws, lynchings, and right up to the present. The Black Lives Matter movement, which rose to prominence after earlier police killings of Eric Garner in New York City and Michael Brown in Ferguson, Missouri, rightly emphasizes this terrible lineage and contends that achieving racial justice today requires coming to terms with the past. Second, and less familiar, we see an American president openly embracing tools of authoritarian rule. President Donald Trump has incited violence against peaceful protesters, threatening to use “vicious dogs” and “ominous weapons” against them and demanding that the authorities “dominate” citizens gathered to express their values. At the same time, the police have responded with documented instances of violence against members of the press seeking to cover the protests, while military units and military equipment have been deployed against peaceful protesters in Washington D.C. and threatened against protesters throughout the country. These two injustices — racism and authoritarianism — may seem merely to coincide, perhaps because of the person who happens now to occupy the White House. But they are, at least at this moment in American history, deeply intertwined. The writer Akilah Green observes (in a Tweet) that “Police are now brutalizing everyone just to maintain their ability to brutalize black people.” This is more than a Twitter slogan: it captures a deep and powerful social logic.
Topic:
Law Enforcement, Social Movement, Democracy, Protests, and Black Lives Matter (BLM)
Political Geography:
North America and United States of America

2. Saudi Coalition “Admission” of Error in Bombing Cholera Treatment Center Implicates the United States

Author:
Oona A. Hathaway
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In June 2018, the U.S.-supported Saudi led coalition struck a cholera treatment center run by Médecins Sans Frontières/Doctors Without Borders (MSF) in Yemen. A recent internal investigation released by the coalition tries to lay the blame for the strike on MSF. But tucked into the report is a cryptic admission that the coalition did not “complete the necessary procedures used by the Coalition Forces” before undertaking the strike. This suggests that the coalition has not stuck to a deal it made with the United States to maintain U.S. support by properly vetting strikes, leaving the United States and its personnel legally exposed for continuing to support operations that violate international humanitarian law.
Topic:
International Law, Military Strategy, Humanitarian Crisis, and Air Force
Political Geography:
Middle East, Yemen, Saudi Arabia, North America, and United States of America

3. Bolton’s Stated Predicate for War With Iran Doesn’t Work

Author:
Oona A. Hathaway
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
The President’s National Security Advisor John Bolton has long been beating the drums of war with Iran. Those drums are growing louder. In the last month, Bolton has repeatedly threatened that Iran’s support for its “proxies” could bring “a very strong response”—even military force. By threatening military action against Iran in retaliation for the acts of groups it supports, Bolton is trying to frame a war on Iran as a justified—even righteous—act of self-defense even if he cannot prove that Iran itself has participated in any attacks. Such a war would, however, be illegal.
Topic:
Foreign Policy, Diplomacy, Military Strategy, Law, and Conflict
Political Geography:
Iran, Middle East, North America, and United States of America

4. The Missing State Department Memo on US Officials’ Possible Aiding and Abetting Saudi War Crimes

Author:
Oona A. Hathaway
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Today the Senate Foreign Relations Committee is set to consider dueling bills on Saudi Arabia. A bill sponsored by Senator Robert Menendez (D-N.J.), would block arms sales to the Kingdom and in-flight refueling of Saudi aircraft. This largely mirrors a series of measures passed in the House on July 17 to block the sale of billions of dollars of arms to Saudi Arabia and the United Arab Emirates. But in an unusual move, Committee Chairman Jim Risch (R-Idaho) broke comity to put forward his own separate bill focused more narrowly on the killing of journalist Jamal Khashoggi that would merely deny visas to a few Saudi government officials and require that the secretary of state conduct a review of the United States’ relationship with the country. In all likelihood, this is the bill that will advance, allowing the U.S. sales of arms to Saudi Arabia to continue.
Topic:
Foreign Policy, International Law, International Trade and Finance, Arms Trade, and Humanitarian Crisis
Political Geography:
Middle East, Saudi Arabia, North America, and United States of America

5. TACIT AMENDMENTS

Author:
Oona A. Hathaway, Haley Nix, Saurrabh Sanghvi, and Sara Solow
Publication Date:
11-2011
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
As a general rule, the President is “‘without authority, except by and with the advice and consent of the Senate, to modify a treaty provision.’”2 Thus, in amending a treaty, parties effectively sign and ratify a new treaty, to which the standard treaty processes apply. However, numerous treaties have established procedures for modifications to the regime that do not rise to the level of formal amendments to the treaty. This report focuses on such “unratified treaty amendments”—which include what are called “tacit amendments.” Unratified amendments are amendments to treaties that are made without formal Senate ratification.3 They have proven a useful tool in creating robust treaty regimes in a changing world. Just as the use of executive agreements in general has expanded rapidly in the past century,4 treaty regimes increasingly have adopted amendment processes that do not require a full ratification process. And just as executive agreements have raised questions about Senate prerogatives, so too have unratified amendments. There are two primary ways that the U.S. government modifies underlying treaties through an unratified amendment5 —first, through the use of executive agreements; and, second, through the use of tacit amendments. Part I describes how each process works. It argues that both pass constitutional muster so long as the Senate has provided its clear advice and consent to the use of such processes (although not necessarily to the substance of the modifications) in the first instance. Part II outlines and evaluates the various ways in which the Senate has responded to attempts to modify treaties by executive agreement or by tacit amendment in the past. It concludes that the Senate’s requirements of prior notice and its focus on technical provisions, while not always easy to achieve in practice, are sensible ways to maintain Senate prerogatives. Part III concludes.
Topic:
Foreign Policy, Treaties and Agreements, Domestic politics, and Federalism
Political Geography:
North America and United States of America