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   VOLUME   90
The Bull in the China Shop: Raising Tensions in the Asia-Pacific Region
Raul (Pete) Pedrozo
This paper examines the legality of China's recent endeavors to change the status quo in the Asia-Pacific region, specifically with respect to the announcement of an ADIZ over the East China Sea. The piece concludes with recommendations for potential U.S. responses.
The United States' Position on the Extraterritorial Application of Human Rights Obligations: Now is the Time for Change
Beth Van Schaack
This article contends that in the upcoming Human Rights Committee proceedings, the U.S. should abandon the categorical argument that its human rights obligations do not apply extraterritorially in favor of a more nuanced approach that reflects the majority position reached by the range of human rights treaty bodies and courts as well as the legal framework applicable to our coalition partners and other allies. The U.S. failure to acknowledge limited, well-established, and principled exceptions to a strictly territorial application of its human rights obligations ultimately undermines the legitimacy of other, more efficacious, arguments at its disposal—such as its position on IHL as the lex specialis in situations of armed conflicts and well-developed justifications for its actions on the merits—as well as its commitment to the human rights system more broadly.
Charting the Legal Geography of Non-International Armed Conflict
Michael N. Schmitt
This article examines the geographical reach of international humanitarian law (law of armed conflict), particularly during armed conflicts between States and non-State organized armed groups. The issue is operationally critical, since to the extent that IHL applies, practices which are lawful during armed conflicts, such as status-based targeting, may be employed. When IHL does not apply, human rights obligations shouldered by the State govern the conduct of its military operations. The article surveys the various approaches to the the legal geography of non-international armed conflict, arguing that an interpretation by which IHL is not geographically restricted is the most supportable.