Duncan Hollis
@duncanhollis.bsky.social
Laura H. Carnell Prof. of Law, Temple University; Non-Resident Scholar, Carnegie I study treaties, international organizations, and how to regulate state behavior in cyberspace (not always in that order)
I've got a new piece up @foreignpolicy.com reviewing the Islamabad MOU. My short take-away: the draft lacked sufficient input from int'l lawyers on both sides. As a result, the text sends conflicting signals on whether it's a treaty or not, with implications for the US Congress among others.
Is the MOU a Treaty or Not? And Why Should We Care?
Confusing language in the U.S.-Iran cease-fire agreement makes its legal status unclear.
foreignpolicy.com
Greateful to the GA Governor's office, Eversheds Sutherland, & the UK Consulate for hosting. And a special thanks to @duncanhollis.bsky.social & Ryan Scoville for taking the time to speak w/ the students re the constitutionality of state-level trade instruments. We learned so much.
With thanks to my co-author @keitnerlaw.com, we’ve got a new OpEd up @thehill.com with a reminder for Congress about the lessons of the Air Bridge program:
thehill.com
While Trump speaks at the UN, it's worth flagging how he approaches U.S. treaty-making like a medieval monarch. @gregfox.bsky.social & I've got a new @foreignpolicy.com op-ed up on this phenomenon, and the need for Congress to do more.
Is Trump Taking Treaties Back to the Middle Ages?
The White House has usurped the power to make foreign treaties and keeps their texts secret.
foreignpolicy.com
With thanks to @articlesofwar.bsky.social, I've posted some thoughts today on what happens now that Ukraine (among others) is walking back its Ottawa Convention commitments re landmines.
Ukraine Symposium – Ukraine and the Future of the Ottawa Convention - Lieber Institute West Point
Ukraine's “political” decision to cease performance of “irrelevant” Ottawa Convention commitments implies a more immediate effect.
lieber.westpoint.edu
So pleased after 3+ years of work to see this in print ... Whether you like originalism or not, I've tried to offer insights on why the Constitution uses terms like treaties & compacts (to say nothing of Benedict Arnold's 'sponsion' or Gen. Washington's 'executive' agreement with Lord Cornwallis)
The Original Meaning of Treaties
For nearly two centuries, all three branches of the federal government have thought that the original meaning of the Constitution’s references to treaties and compacts was lost. This Article aims to r...
scholarship.law.upenn.edu
‘’LLMs are going to be a part of the future of int'l lawyering whether we want them to or not.’’ Join us on 17 June when @duncanhollis.bsky.social will be speaking about his recent paper (w/Ashley Deeks) looking at the potential of LLMs on int'l law. acil.uva.nl/content/even...
Large Language Models and International Lawyering - ACIL
We look forward to welcoming Professor Duncan Hollis to the Amsterdam Law School on Tuesday 17 June. Duncan B. Hollis is Laura H. Carnell Professor of Law at Temple Law School and co-faculty director ...
acil.uva.nl
I've got an op-ed out @foreignpolicy.com today that flags the one big international law problem no one seems focused on in the push for a Ukrainian-Russia peace deal. Check it out (should be accessible unless you've used up your monthly free reads at FP).
Trump’s Russia-Ukraine Deal Will Be Null and Void
International law nullifies any treaty coerced by force—like Moscow has deployed since 2014.
foreignpolicy.com
Martha Finnemore and I have a new co-authored piece up on SSRN about how calls for protecting the public core of the internet (whether as a matter of law or norms) require more definitional work on what the term "public" means. For those interested in digital governance, check it out!
What is "Public" About the Internet's Core?
<span>The idea of a norm protecting the "public core" of the internet has gained international attention in the past decade among states and scholars
papers.ssrn.com
A non-international law/proud Dad post - my youngest's band has just dropped their first EP - for those looking for a Friday afternoon garage-rock "break" - check it out!
The Breaks
open.spotify.com
Together with UVA's Ashley Deeks, I've got a new paper up on SSRN - we tested out a couple of use cases for int'l lawyers using LLMs (and identify a few others).
Large Language Models and International Law
<p>Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways: (i) he
papers.ssrn.com
Together with UVA's Ashley Deeks, I've got a new paper up on SSRN - we tested out a couple of use cases for int'l lawyers using LLMs (and identify a few others).
Large Language Models and International Law
<p>Large Language Models (LLMs) have the potential to transform public international lawyering. ChatGPT and similar LLMs can do so in at least five ways: (i) he
papers.ssrn.com
Amidst all the (entirely justifiable angst) over the potential acts of aggression/war crimes a US occupation of Gaza would entail, it's worth remembering that int'l law also prohibits threats to use force unlawfully. In other words, the very speech is a violation ...
Threatening Force in Cyberspace
Threats have long been endemic in inter-State relations with diverse goals, communicative values and means of signaling. Yet, international law explicitly focu
papers.ssrn.com
Last Spring, @templelaw.bsky.social was honored to host Rich Visek giving the 1st official State Dept. "L" views on int'l law & cyberspace since Brian Egan in 2018 (which followed Harold Hongju Koh's pathbreaking 2012 remarks). See the link below for Temple Law Review's publication of his remarks!
THE 2024 ARLIN M. AND NEYSA ADAMS LECTURE: INTERNATIONAL LAW AND CYBERSPACE: BUILDING CONSENSUS
Since the United States first began thinking about international law and cyberspace in the 1990s, it has been clear to us that international law applies to what States do in cyberspace, just as it …
templelawreview.org
Greg Fox offers a great overview of legal issues in any Ukraine-Russia peace agreement. I kept reading thinking “But what about…” and he anticipated all my questions. Bottom line - Fox explains how a UNSC Ch VII Res might try to override everything even the obvious coercion and jus cogens problems
[ EJIL: Talk! ] A Legal Framework for a Russia-Ukraine Peace Agreement
ejiltalk.org
The 2023 Digest of US Practice in Int'l Law is now available
Digest of United States Practice in International Law 2023 - United States Department of State
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of...
state.gov
Marko and Mike are always worth reading ... Meanwhile, I'm having deja vu to the days of "preemptive self-defense" arguments ... wonder when/if we'll see this idea back in the foreground
Israel’s Use of Force Against Syria and the Right of Self-Defense
On December 8, the rebel group Hayat Tahrir al-Sham (HTS), augmented by other rebel forces, successfully overthrew the Syrian government of Bashar al-Assad following more than five decades of rule …
ejiltalk.org
I take a day off to not think about international law & watch the Macy’s Thanksgiving Day parade and then this happens …
Usually in late-stage treaty negotiations, states decide they’d like to hear less from other stakeholders & move negotiations to ‘informal informal’ meetings. Wonder if that’ll be true here too?
Plastics lobbyists make up biggest group at vital UN treaty talks | Plastics | The Guardian
Fossil fuel and chemical industry representatives outnumber those of the EU or host country South Korea
amp.theguardian.com
EU releases common position on the application of IL to cyber - pretty consistent w/ EU member state positions, including (a) sov'ty & (b) due dilligence are discrete rules of IL in cyber contexts. Interestingly though, suggests existing IL is "fit for purposes" to the digital environment?
Cyberspace: Council approves declaration on a common understanding of application of international law to cyberspace
Council approves Declaration on a common understanding of application of international law to cyberspace.
consilium.europa.eu
Building on its success with the UN cybercrime convention, it sure looks like Russia is building a coalition for a cybersecurity treaty and/or reviving the idea of assigning internet governance to the ITU ... instead of ignoring this possibility, perhaps Western states need a counter-narrative?
Russia-Africa foreign ministers call for fair cyber security system
The ministers are attending the first ministerial conference in Sochi, Russia.
the-star.co.ke
I’m torn - I was ready to give up on social media for a while but then it seems we’ve had a total bluesky vibe shift? Sustainable? We’ll see …
With thanks to VJIL Online, I'm pleased to have a new (& short!) paper on how int'l lawyers must do more to engage w/the concept of agreement as a precursor to new efforts to identify & differentiate treaties & political commitments - check it out on SSRN:
Delimiting "Agreements" for International Law
Agreements are central to many international law projects, including both treaty-making and the (rising) use of non-binding agreements. Yet, for all the attenti
papers.ssrn.com
Pleased to moderate a UN OEWG side-event next Tues, March 5, 8:30-9:30am EST re the Int'l Law Multistakeholder Compendium compiled last fall by Mexico’s SRE, iLIT & Microsoft. Come join me & @TRodenhaeuser @HarrietMoyniha9 @MSMHelal to discuss where intl law goes next by registering here:
Microsoft Forms
forms.office.com
#Lawsky - US Dept of State has published its 2022 Intl Law Digest. Check it out at the link.
Digest of United States Practice in International Law 2022 - United States Department of State
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of...
state.gov
A reminder there's still time to register! Come for recommendations on nat'l statements, multistakeholder participation, & civilian data in armed conflicts. Stay for panel + Q&A including Singapore's Sithuraj Ponraj, Chatham House's Talita Dias, OAS's Kerry-Ann (Mason) Barrett & Sheetal Kumar
Duncan Hollis@duncanhollis.bsky.social · 3y agoSo pleased to have worked on behalf of TempleiLIT w/ Microsoft & Mexico's Ministry of Foreign Affairs on a 3-part multistakeholder compendium project on the applicability of int law to cyberspace. The launch event for the compendium is Dec 11th at 1:30 pm EST. Interested? Sign up at the link below!
So pleased to have worked on behalf of TempleiLIT w/ Microsoft & Mexico's Ministry of Foreign Affairs on a 3-part multistakeholder compendium project on the applicability of int law to cyberspace. The launch event for the compendium is Dec 11th at 1:30 pm EST. Interested? Sign up at the link below!
Microsoft Forms
forms.office.com
Thoroughly enjoyed being on organizing committee for this year's upcoming ASIL Mid-Year Meeting in Pittsburgh, Nov. 9-11. Full schedule is now up & registration is free for ASIL Partner School students. Looking forward to seeing lots of people there!
2023 Midyear Meeting | ASIL
asil.org