SCOTUS strikes down Trumps Tariffs. “Based on two words … in
1702(a)(1)(B) of IEEPA—“regulate” and “importation”—the
President asserts the independent power to impose tariffs
on imports from any country, of any product, at any rate,
for any amount of time. Those words cannot bear such
weight”
My article, "Birthright Citizenship, Denaturalization, and the Specter of Statelessness" was published yesterday in the UCLA Law Review Discourse - just in time for all of the amicus briefs dropping.
papers.ssrn.com/sol3/papers....
This is so amazing and beautiful!
Congratulations! An important work on an Opinion that contains multitudes.
Prof. Chiara Giorgetti and Amb. Franz Perrez introduce a Joint Symposium on Negotiating a Treaty on Crimes Against Humanity, a collaboration with our friends at @ejiltalk.bsky.social:
www.justsecurity.org/128702/negot...
Expropriation, Oil and the Prohibition on the Use of Force: Justification Narratives and the Effectiveness of International Law in the Venezuela Crisis | by Julian Scheu
Ahora disponible en español. Este artículo, escrito junto a @aratojulian.bsky.social, analiza el ataque de Estados Unidos contra Venezuela y sus consecuencias a la luz del derecho internacional.
lacritica.ar/post/ataque-...
My latest together with @justinauriburu.bsky.social
No love lost for Maduro, and no apologies made for his regime. But the attack on Venezuela was plainly illegal. States can either say so clearly, or parse their way into a law of boundless exceptions and self-judgment.
I found this blog post (co-authored by my colleague julian arato) very clear and helpful, fyi www.ejiltalk.org/trumps-illeg...
One of most remarkable US presentations at UN Security Council I've ever seen.
- No reference to UN Charter legal justification
- Claims Panama as precedent (which the UN condemned)
- Energy reserves ⤵️ as justification is illegal
- Sharp contrast with US Ambassador Pickering presentation in 1989
NB Superb analysis by @justinauriburu.bsky.social @aratojulian.bsky.social:
'The attack on Panama, like this weekend’s attack on Venezuela, was simply illegal. In fact, several of these historical arguments have since become textbook examples of impermissible justifications under the jus ad bellum.'
Congrats, Benjy!
"The Coordinating Bureau of the Non-Aligned Movement [121 member States] categorically condemns the act of aggression perpetrated by the United States . against . Venezuela ... which included armed attacks against civilian and military locations"
"the military aggression of January 3rd against targets in the territory of Venezuela [was] in clear violation of article 2 of the Charter of the United Nations"
"These actions must not be allowed"
"It is for sovereign peoples to decide their destiny"
"Brazil categorically and firmly rejects the armed intervention in Venezuelan territory in flagrant violation of the Charter of the United Nations and of international law"
"an extremely dangerous precedent for the entire international community"
"Chile would like to express our deep concern and firm condemnation of the unilateral military action taken by the United States in the territory of . Venezuela."
"Chile does not recognize the Maduro regime. But serious violations of human rights faced by Venezuela do not have a military solution."
"The unilateral military strikes carried out by the United States . wantonly violates the sovereignty, territorial integrity, and independence of Venezuela"
"Any enforcement of domestic law, including arrest, by one State within the territory of another . is an unlawful violation of sovereignty"
Justina Uriburu @justinauriburu.bsky.social and Julian Arato @aratojulian.bsky.social:
"Trump’s Illegal Attack on Venezuela and Its Consequences"
The attack "was plainly illegal" - "a flagrant and grave violation" of Article 2(4) of the UN Charter, "and a severe breach of US law".
1/12
"The military operation ... runs counter to the principle of non-use of force"
"The proliferation of violations of the [UN] Charter ... by States vested with responsibility as permanent members of the Security Council chips away at the very foundation of the international order"
US attacks on Venezuela and the abduction of Nicolás Maduro raise profound legal and geopolitical concerns, with implications well beyond Venezuela itself. In a new post co-authored with Julian Arato, we examine the attack and its broader consequences under international law.
One can hope that despite it all, a window will open for the people of Venezuela to freely determine their future. I certainly do. But hope is an expensive commodity in the world of Melos - a world without serious legal restraint.
None of this means that international law is dead or does not matter. That conclusion would be totally wrong. What is at stake is rather the nature of our international law going forward - what it prohibits, who it protects, and who it privileges.
My latest together with @justinauriburu.bsky.social
No love lost for Maduro, and no apologies made for his regime. But the attack on Venezuela was plainly illegal. States can either say so clearly, or parse their way into a law of boundless exceptions and self-judgment.
Trump’s Illegal Attack on Venezuela and Its Consequences | by @justinauriburu.bsky.social and @aratojulian.bsky.social
Some absurdly high anti-dumping tariffs (92%!) on pasta are being scaled back to just normal high levels (2 - 14%). Food price reality wins out (mostly) over protectionist instincts this time.
If you are so inclined, you can read about the philosophy of these free, case-based teaching materials at the beginning of Unit 1 - along with a note about what’s new in the 2025 update.
I’ll have a longer post about all this in the New Year. For now, merry Christmas and happy holidays all!
We have posted a new edition of Weiler, Arato, Cho, and Claussen, International Trade Law Through the Cases (2025):
jeanmonnetprogram.org/resources/th...
The update refreshes things throughout, and adds new units on Security Exceptions, Trade Remedies, and the “America First” trade policy.
If you are so inclined, you can read about the philosophy of these free, case-based teaching materials at the beginning of Unit 1 - along with a note about what’s new in the 2025 update.
I’ll have a longer post about all this in the New Year. For now, merry Christmas and happy holidays all!
We have posted a new edition of Weiler, Arato, Cho, and Claussen, International Trade Law Through the Cases (2025):
jeanmonnetprogram.org/resources/th...
The update refreshes things throughout, and adds new units on Security Exceptions, Trade Remedies, and the “America First” trade policy.
Dear authors,
EJIL: Talk! is now closed for the holiday season. We are not accepting new submissions from 20 December 2025 to 5 January 2026. Have a lovely break!
With all best wishes,
The Editors
