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Appeal No. 1015: King Oil Company, Inc. v. Division of Oil & Gas Resources Management
Get PDFReview of Chief\u27s Order 2022-231 to 2022-236 (Plug Orders
From \u27United for Peace\u27 to \u27United for Justice?\u27: Reflections on the Power of the United Nations General Assembly to Create Criminal Tribunals or Make Referrals to the ICC
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A Year that Changed the World: The War in Ukraine, and How it Shaped the International Legal Order
No full textProfessor Hathaway will speak about the war in Ukraine and the future of the international legal order. What does the war teach us about the viability of the post-war legal order, which is grounded in the prohibition on the use of force by one state against another? How effective is the use of sanctions as a tool of the international community in responding to acts of aggression? And what are the prospects for accountability for the war crimes, crimes against humanity, and crimes of aggression committed in Ukraine? Speaker Bio
Oona A. Hathaway is the Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School, Professor of International Law and Area Studies at the Yale University MacMillan Center, Professor of the Yale University Department of Political Science, and Director of the Yale Law School Center for Global Legal Challenges. She has been a member of the Advisory Committee on International Law for the Legal Adviser at the United States Department of State since 2005. In 2014-15, she took leave to serve as Special Counsel to the General Counsel at the U.S. Department of Defense, where she was awarded the Office of the Secretary of Defense Award for Excellence.
Hathaway is the Director of the annual Yale Cyber Leadership Forum and a member of the Council on Foreign Relations. She has published more than forty law review articles, and The Internationalists: How a Radical Plan to Outlaw War Remade the World (with Scott Shapiro, 2017). She is also Executive Editor of and regular author at Just Security, and she writes often for popular publications such as The Washington Post, New York Times, The Atlantic, and Foreign Affairs
A Meta-critique of Frontier Scholarships on the Laws of Peacetime Espionage: Towards a Systemic Framework for Lex Specialis
Get PDFInterplanetary Constitutionalism: A Martian Constitution
Get PDF“Mars has been our mirror, our foil, a telltale reflection of what has been deepest in our hearts. We have seen in Mars a utopia. A wilderness. A sanctuary. An oracle. With so few landmarks, guideposts, or constraints, all is possible; without data that could be used to cabin our inquiry or limit our imagination, Mars has been a blank canvas. And tenderly, our human seeking has rushed to fill it.” – Sarah Stewart Johnson, Planetary Scientist
With humans currently in orbit around Earth on the International Space Station and targets to put them back on the Moon in this decade and on Mars in the next, exploring an extraterrestrial governance is timely. There are several proposed Martian constitutions based on earthly models, but as of yet, obviously, none formed by a Martian populace. Similar to early European explorers in search of new trade routes, could the commercialization of outer space lead to an unfolding of novel governance and “discovery” of new worlds? What ethical considerations must be made during such a pursuit?
Considering a Martian constitution is pertinent to current constitutionalism on Earth. This article argues that (1) codification is vital to accommodate and adapt to a shifting populace that could eventually include artificially intelligent or extraterrestrial life; (2) there will likely be a need for nonhuman rights, which should only reinforce and expand human rights on Earth; (3) a rethinking of traditional notions of jurisdiction/“zones of sovereignty” should guide governments through technological innovations of the 21st century; and (4) a declaration of Martian independence will likely precede any Martian constitution to gain adequate interplanetary recognition and enforce a Martian “zone of sovereignty.
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