International Law Behind the Headlines
The American Society of International Law (ASIL) is a nonprofit, nonpartisan educational membership organization founded in 1906 and chartered by Congress in 1950. It holds Special Consultative Status to the Economic and Social Council of the United Nations and is a constituent society of the American Council of Learned Societies. The Society is headquartered at Tillar House in Washington, DC. This podcast likely covers international law topics and current events from a legal perspective.
Episodes
Episode 60 - The Tariff Shockwave: U.S. Trade Policy Under Trump 2.0
Tariffs are back and they’re reshaping the international economic landscape in real time. The second Trump administration has unleashed a wave of trade measures that shift by the week, justified by goals that include everything from fighting unfair trade practices, to making everyday goods more affordable for American consumers, to national security. So where does international law fit in? And can
Episode 59 - Boarding and Seizing Ships (and related Caribbean issues)
Boarding and Seizing Ships (and related Caribbean issues) with Michael Scharf, President of the American Branch of the International Law Association
Episode 58 - The US UN Headquarters Agreement and the Visa Battle over Mahmoud Abbas
Former Assistant Secretary-General for Legal Affairs Larry Johnson joins the podcast to explain the legal underpinnings of this year’s controversy at the UN General Assembly over visas and visa restrictions for diplomats from Palestine and Iran.
Episode 57 - International Obligations with Respect to Climate Change
In the past year, three international courts and tribunals—the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and the Inter-American Court of Human Rights (IACHR)—have issued advisory opinions on the obligations of countries with respect to climate change. In the context of the ongoing UN General Assembly in NYC, this episode features a conversatio
Episode 56 - Interviewing the Court of Justice of the EU
In this episode with speak with Katerina Linos of UC Berkeley and Mark Pollack of Temple University about their project to interview the judges of the EU’s primary court system, and the implications for European integration, international law, and our understanding of how international judges behave.
Episode 55 - Peace Treaties
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.
Episode 54 - Is the Trump Administration’s Deep Seabed Mining Program Violating International Law?
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.
Episode 53 - The WTO in the Second Trump Administration
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 fo
Episode 52 - The United Nations in the Second Trump Administration
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.
Episode 51 - Int'l Negotiations Around a Possible Convention on Crimes against Humanity
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 an
ASIL Episode 50 - Post-Election Series Part 1: The Future of NATO
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 chal
ASIL Episode 49 - Extraterritorial Killings and Kidnappings
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.
Episode 48 - The Future of Armed Conflict
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.
Episode 47 - The Law of Sieges
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.
Episode 46 - Future Proofing: A Conversation with WHO about the Proposed Pandemic Treaty
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 tr
Episode 45 - Naming the Unnamed: Addressing Gender Inequality and the Role of the CEDAW Committee
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
Episode 44 - Climate Action From Dubai to Baku: A Look Back at COP28 and the Road to COP29
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, Pr
Episode 43 - International Law & Outer Space
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.
Episode 42 - The Law of Armed Conflict in the Israel-Hamas War
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.
Episode 41: The ICC and Russia with Luis Moreno Ocampo
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.
Episode 40: Legendary diplomat, scholar, and civil rights leader, Ralph Bunche
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.
Episode 39: Feminist Theories of International Law, 30 Years On
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.
Episode 38: Judge Chile Eboe-Osuji – Criminal Justice in an Unjust World
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
Episode 37: Reining in Disinformation with David Sloss
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.
Episode 36: Does MBS Have Immunity in US Courts?
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.
Episode 35: Ukraine and the Resilience of International Law with Elena Chachko and Katerina Linos
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.
Episode 34: Threats and Uses of Force with Monica Hakimi
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
Episode 33: Non-Binding Agreements and International Law with Oona Hathaway by American Society of International Law
Episode 32: The Pandora Papers - Offshore Finance with Felix Salmon
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.
Episode 31: AUKUS
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.
Episode 30: Conciliation for Climate Change
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.
Episode 29: Do We Need A Pandemic Treaty?
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.
Episode 28: Belarus and the Plane - legal wrongs and remedies
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
Episode 27: the Biden Administration and the Use of Force by American Society of International Law
Episode 26: Exiting and Entering Treaties
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.
Episode 25: International Economic Law and the Pandemic
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.
Episode 24: Social Media, Freedom of Expression, and Elections
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.
Episode 23: The US and the South China Sea
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.
Episode 22: Snapback at the Security Council
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.
Episode 21: The “Brussels Effect” with Anu Bradford of Columbia Law School
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.
Episode 20: Authoritarian International Law?
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 found
Episode 19: Coronavirus and the International Law of Epidemics
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?
Episode 18: The Trump Administration’s Commission on Unalienable Rights
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 S
Episode 17: Can the US Keep Iran’s Foreign Minister Out of the UN?
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 Ag
Episode 16: The Iran Crisis with Avril Haines, senior national security advisor to President Obama
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 fo
Episode 15: Inside the Pentagon with former Secretary of Defense Ash Carter
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.
Episode 14: Is California’s Climate Accord with Quebec Illegal?
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.
Episode 13: 2019 UN General Assembly Recap
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.
Episode 12: On the Precipice: A Possible U.S. War with Iran
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 th
Episode 11: The Wisdom of Gathering Intelligence: Privacy and Surveillance
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. secur
Episode 10: Inside the Obama Administration with former Deputy National 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
Episode 9: Nuclear Arms Control and Stability in a Post-INF Treaty World, with
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
Episode 8: The World Court and the Immunity of Int'l Organizations, with Dame Rosalyn Higgins
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
Episode 7: The Mueller Investigation and Foreign Sovereign 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
Episode 6: Skirmishes at the India - Pakistan border, featuring Adil Haque
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
Episode 5: The “Unmaking” of Treaties with John Bellinger
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
Episode 4: How Does Int'l Law Get Incorporated into Presidential Decision-Making?
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 ann
Episode 3: “Dawn of the Code War” with fmr Asst. Attorney General for National Security John Carlin
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
Episode 2: Russia vs. Ukraine - featuring Professor James Kraska
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,
Episode 1: Part 2—International Law Today
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. I
Episode 1: Part I—International Law Today
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
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