The Law and Policy Blog ([syndicated profile] davidallengreen_feed) wrote2026-01-06 09:44 am

But what about international law?

Posted by David Allen Green

6th January 2026

What happens to an international legal order when a superpower goes rogue

*

The notion of international law prompts strong opinions.

(Here is meant what lawyers call “public international law” – in general, the law which governs nation states and international organisations. There is also “private international law” which is generally dull and uncontroversial – cross-border contracts and what-not.)

Some even doubt international law exists.

*

I once heard a very distinguished legal academic – whose name is on the spines of volumes in every law library throughout the land – aver the following:

“In court, the laws of England and Wales are a matter of law. You just have to show the relevant legal authority or instrument and the court should accept that as what the law is.

“Foreign law – say the law of France – is different. This is a matter of evidence – expert evidence. You get an expert in that foreign law and their evidence is put before the court.

And international law, well. (Pause.)

International law is a matter of fiction.”

*

There is perhaps no other branch of law which is the subject of such scepticism, if not outright denial, among even lawyers themselves.

*

From one perspective, this rejection is perhaps understandable.

A great deal of what is called (public) international law will never be determined or enforced by a court of competent jurisdiction – it will never be litigated, and the nation state (and head of state) breaching that law will feel confident there will not be any consequences.

As one famous jurist once put it: “The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.”

And if there ain’t a court that will “do” international law then it is little or nothing more than a polite political fiction – a set of normative assertions with no positive existence.

*

But.

There is more is more to law than its determination or enforcement by a court.

Even domestically, the vast majority of statutory provisions – and indeed many statutes – have never been litigated and will probably never be litigated. Yet they are still the law.

And this is because – in very general terms – they are recognised to be the law and parties regulate themselves accordingly.

As the greatest of all contract law academics G. H. Treitel put it in his classic definition of a contract (emphasis added):

“A contract is an agreement giving rise to obligations which are enforced or recognised by law.”

Enforcement – and thereby the possibility of enforcement – is not the only test of whether a thing is a law or not.

*

In (public) international law, many of the obligations are created and agreed by nation states themselves. These are usually in the form of treaties.

There can be treaties between states for particular purposes – and there can be treaties of general of general application. Sometimes the latter are called conventions, as in the Geneva convention. And there can be charters to which member states subscribe – sometimes to create international organisations. There are many ways in which obligations in public international law can be created and agreed.

And then there is what is called customary international law – the international laws which are said to govern nation states regardless of whether the nation state agrees to those laws.

Taken together all these laws constitute (public) international law.

The problem is, however, very little of that law can or will ever be litigated.

But it is treated generally- that is, recognised – by many nation states as law nonetheless.

*

One may have sympathy with the view, to adapt the famous aphorism attributed to Gandhi about western civilisation, that international law would be a good idea.

And generally, when nation states recognise it and regulate their conduct accordingly, it is a good thing as well as a good idea.

But what happens when a nation state – a superpower no less – goes rogue?

Where just because it can – like a dog licking itself – it breaches international law again and again, with barely a shrug?

One response is to say that such (mis)conduct discredits the notion of international law entirely – that the polite fiction of international law has been undermined by the (to say the least) impolite.

It is certainly the case that the current administration of that superpower – the United States – do not seem to care less about international law when it would restrain them.

(No doubt they would plead international law against another country if it suited them.)

But the notion of being in breach of international law is not the same as international law not existing.

International law is still there – it is just not being complied with.

International law is still there – it is just not capable of being enforced in these instances (at least not yet).

Other nations will recognise and abide by those laws even if the United States will not.

*

An eminent professor may say international law is a matter of fiction, but unfortunately the many breaches of international law by the United States are a not a matter of fiction.

***

Comments Policy

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Comments are welcome, but they are pre-moderated and comments will not be published if irksome, or if they risk derailing the discussion.

More on the comments policy is here.

 

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tinny ([personal profile] tinny) wrote in [community profile] tv_talk2026-01-06 10:15 am

Heated Rivalry comm

There's a new comm for Heated Rivalry:


[community profile] gamechangerhr
A community dedicated to the Game Changer Book series and the Heated Rivalry TV series


and they have a friending meme, too: https://gamechangerhr.dreamwidth.org/855.html
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icon_uk ([personal profile] icon_uk) wrote in [community profile] scans_daily2026-01-06 09:12 am

(no subject)

In the comments to these weekly posts (and only these posts), it's your chance to go as off topic as you like.

Talk about non-comics stuff, thread derail, and just generally chat among yourselves.

The intent of these posts is to chat and have some fun and, sure, vent a little as required. Reasoned debate is fine, as always, but if you have to ask if something is going over the line, think carefully before posting please.

Normal board rules about conduct and behaviour still apply, of course.

It's been suggested that, if discussing spoilers for recent media events, it might be advisable to consider using the rot13 method to prevent other members seeing spoilers in passing.

The world situation is the world situation. If you're following the news, you know it as much as I do, if you're not, then there are better sources than scans_daily. But please, no doomscrolling, for your own sake.

Though... I mean... c'mon 2026, could you have not given us just a couple of weeks of relative calm? Was that SO much to ask? But... well... here we are.

The "Stranger Things" finale aired, with mixed, though generally positive reviews, though it did confirm the complete lack of the most hotly fanticipated slash pairings in recent media. Honestly, I never saw it myself, and I prefer the ending both characters got, but I appreciate that many were hoping for it.

Yoroi Shin Den Samurai Troopers released it's OP, and the first episode aired in Japan today. Heavy on the neon, but a couple of nice nods to the original series openings.
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tamaranth ([personal profile] tamaranth) wrote2026-01-06 08:53 am
Entry tags:

2026/002: The Witching Hour — various authors

2026/002: The Witching Hour — various authors
No snow in forty years, no true winter, no true Christmas, just the water and the mildew; it was whatever you called the reverse of a miracle. [loc. 2134: 'The Signal Bells', by Natasha Pulley]

From the creators of The Haunting Season and The Winter Spirits, this is another collection of ghost / horror stories with a wintry theme and a historical setting. I read one a day over the Christmas / New Year period, which gave me time to reflect on each: definitely a better way to appreciate the individual stories than reading them back to back.

Read more... )
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the_comfortable_courtesan ([personal profile] the_comfortable_courtesan) wrote2026-01-06 08:48 am

Choices (2)

Useful to have diplomatic relations

Leda Hacker, in guise as Larry Hooper, took a final look around the studio of the daguerreotypist Vohle. Fancied that she had investigated all the possible hidey-holes where he might conceal evidence that 'twas he behind this matter of acquiring evidence for extortion. Had even, proceeding very delicate, gone about probing the insides of his daguerreotype machinery – for the industrious apprentice of that prime ken-cracker Laffen was up to all the tricks! But found naught but a very great deal of saucy pictures and stereoscopic slides.

Examining these as closely as she might with her dark lantern, while ensuring that no ray of light would draw unwanted attention, she was like to think that all those depicted were volunteers that had been very carefully posed. For her own experience of having been took – an entire chaste portrait, as an excuse for visiting the studio during daylight hours – had shown her that while mayhap 'twas not quite the like of sitting to an artist to be painted, the subject was required to keep still for what seemed an entire tedious while.

No, while she fancied the Vice Society might have some concerns over his trade – though as these things went, Leda fancied that he had what one might consider a very artistic touch. One did not pass as much time as she did with Lady Bexbury and her circles without acquiring some notion of how such matters might be judged! –

But unless he had some other lair, this was a false trail, and she might even, perchance, commend Vohle’s services to dear Bert that he seemed entire suitable to record Bert himself as the Duchess of Clerkenwell Green and other members of his sisterhood decked in their finery.

Well, time to hook it.

The first thing to do, after stowing certain tools of the trade in a satchel, was to very carefully wipe the blackening from her face, just as Laffen had taught her, and check in her little hand mirror, that was of all sorts of use.

Then, pulling her cap into a jaunty angle, here was Larry Hooper went further into Seven Dials to go take a glass or so in Black Tom’s, greet old acquaintance, see what Tom’s missus was cooking –

So Larry stepped in to the bustle of that tavern, and the two parrots squawked and Poll said somewhat exceeding coarse, while Zanty added somewhat that being in Greek, one could not tell whether 'twas coarse or not. There were several young swells that supposed they was seeing life here looked very jealous at that mark of familiarity – Larry gave 'em a brief glance.

Hah: young Rich Osberton and that set that had used to hang about him and Mr Peter Reveley afore he married Osberton’s sister. No great harm in 'em.

Tom had a glass of gin – the good genever! – already poured for Larry, and remarked that we was quietish the night, dared say Mr Barron would look in later.

Came bustling out Tom’s missus, with a plate of – la, was that pierogi? – yes, here she was telling the tale of how Mrs Barron, Ludmilla Kaminski that was, had been teaching her the art, and she fancied these had turned out well but would appreciate Mr Hooper’s verdict –

Larry took one, and popped it into his mouth, chewed with a savouring expression and declared that she had quite got the touch of it – perchance not quite yet to that of Mrs Barron, but excellent good – and would take the plate –

Looked around and there were very few empty spots –

Hah, will go make civil to Thad –

For there was Thad Mallen, one of Nat Barron’s chief henchmen, sitting alone, looking morose. In a dangerously louring way, for Thad was reckoned not one to meddle with.

So Larry went over there with platter and mug in hand, greeted Thad, that started, and nodded perchance afore had give the matter any thought, so Larry sat down.

Thad went punch him rather half-hearted upon the shoulder in greeting – Thad and Jem and others of Nat’s boys that had been wont to know Leda as Bet Bloggs in the days when she had walked the streets of Seven Dials were a deal happier to treat her as Larry rather than Leda. Sure they had come to consider Bet a prime confederate at that time when Art Colley and Rodge Hossen had been endeavouring a coup against Nat Barron, but even did they not know of Nat’s later design to wed Bet, having noted what a useful creature she was, there was a lingering uneasiness after she had fled Seven Dials at the prospect.

But here was Larry, that came put certain business in the way of Grigori the pawnbroker and fence – for there was Matt Johnson’s agency commissioned to recover certain items of sparkle, no questions asked, for reward – and various other matters where 'twas entire useful to have diplomatic relations with Nat –

Larry was entirely the accepted habitué of Nat’s manor!

How now, Thad, how goes it? Sure, let me refill your glass – waving to Tom, that came very brisk –

Thad groaned, and enquired how that prime example of womanhood, Mrs Halloran, did? Was that wretch her husband still in life?

Larry suppressed a grin. For some while now Thad had been, one might only say, quite desperate in love, with Tess Halloran, of the Matt Johnson agency. Had encountered her when commissioned to present in the character of a concerned male relative when her husband in the penitentiary had been give out desperate sick and calling for her, that had been suspected some ruse. But whatever he had aimed at, the sight of Thad was like to put a halt to his plans!

Had not merely subsequently escorted Tess about to various places of entertainment, but had, through Larry, offered that there was ways, even within penitentiary walls, of disposing of her husband. That had, aside from his wicked embezzling ways, been a horrid cruel beast to his wife, that the law of the land considered a deal lesser matter.

O, entirely in health – she was in Yorkshire at present about certain cases – the wretch still lingered alas –

Thad renewed the offer that did one have the right acquaintance, 'twas no matter at all to arrange – he made a throat-cutting gesture –

This was, Larry understood, a very chivalrous offer – would be drawing upon as 'twere stored up credit – might require some matter in due course of reciprocation

However, one had to wonder whether Tess was at all inclined to tie herself up – in hallowed or unhallowed union – with a man again. Her husband had been such a brute that must give a woman pause.

But – leaning back, looking at Thad, that never looked aught but grim – while was very noted for his ways of dealing out lessons on Nat Barron’s behalf, and occasional dispatching fellows, did not recall that he was one that was particular given to being violent to women except, it might be, in that line of duty.

Could look into that –

Should go make civil to Lil and Joan, am I in these parts, said Larry, rising. For her old friends from the street-walking days would very like know somewhat of that!

So he walked through the streets and alleyways, nodding to this one and that and occasional stopping for rather more in the way of greeting, until he reached the ‘ccommodation house that Lil and Joan now managed, instead of walking the streets. And had rose to be considered among Nat Barron’s counsellors in matters about women – Nat had come to apprehend that whores learnt a deal of men when they were about their trade, that might be most material to his interests!

Found Joan a-sitting at the entrance – it was a great comfort to see how well Joan looked these days, now that she did not have to be on the streets in all weather – went spend some weeks at the seaside in Dolly Mutton’s Home in the summer – been looked over by a proper physician – 'twas not consumption as they had feared but not dared speak of, but a persistent bronchitis, that this new way of life greatly ameliorated.

No Lil?

Joan grinned. Law, 'tis the time that peeler of hers gets off duty – and even is he now advanced to sergeant

Larry whistled.

– still has the greatest notion to Lil, 'tis quite the regular thing these days.

Larry grinned back and said, must come very useful! And asked more generally after business, as was only civil, before proceeding to the question of whether there was aught known to his detriment of Thad’s behaviour towards women.

Joan pursed her lips and looked thoughtful before saying that sure Thad’s looks did him no favours –

Indeed the picture of a villainous fellow in a melodrama!

– and all know his trade, though there must be more to him than that, does Nat hold him in such high esteem –

Indeed so! Thad had been a very useful confederate against Art and Rodge, more than one might have guessed.

– but there has never been any trouble with any of the girls – and was there anything at all about these parts I cannot fathom it being kept secret –

Larry nodded. So I might give him a good character to this lady he takes a notion to!

Joan guffawed and remarked that he was also said exceptional neat at his job.

So 'tis give out!

Mayhap Thad was give to being somewhat dour but from Tess’s telling of it, her husband had shown all charm and bonhomie, very persuasive in the matter of selling spurious railway shares, and had been an entire brute behind closed doors.

It was not so late that she might not take an omnibus to Clorinda’s pretty house, where she found her dear love still up – sure Sophy would chide – and in somewhat of a fret, with a letter in her hand.

Here it appears I must to Shropshire about some business over the mine, and thus disturb the solitary retreat of that agreeable lady Miss Kirkstall –

Leda went to kiss her and assure her that her presence would make that retreat entire perfection. And that she dared say that Miss Kirkstall was already being invited to tea-parties – to dine quietly as befitted her mourning condition – &C – by what constituted the society in those parts.

Oh, indeed you put it aright! La, I am a foolish Clorinda. A new face is ever welcome there.

vriddy: Dabi wiping off a bloody tear (bloody tears)
Vriddy ([personal profile] vriddy) wrote2026-01-06 07:55 am

Kaijuu No. 8 fic update: Warm as life (Kafka/Reno/Narumi, Reno/Iharu, Kafka/Hoshina) - WIP 4/7

Warm as life | Kaijuu No. 8 | Kafka/Reno/Narumi, Reno/Iharu, Kafka/Hoshina | 7.3k words (WIP, 4/7) | rated M

Summary: The new threat posed by No. 9 weighs heavily on everyone. Under these circumstances, emotions run high and what starts as a way of relieving stress can easily bloom into unexpected feelings. Some people find that easier to admit than others.

Read it on Dreamwidth or AO3.
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landingtree ([personal profile] landingtree) wrote2026-01-06 07:48 pm
Entry tags:

Liveblogging The Power Broker, part 2

(Or 'Having liveblogged The Power Broker, part 2'? I feel like at this point it's just normal blogging. Anyway.)

Notes become denser as book continues. )
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ysabetwordsmith ([personal profile] ysabetwordsmith) wrote2026-01-06 12:02 am

Poem: Darrow Poems 12-12-25

These poems were written outside the regular prompt calls. They have been sponsored by a pool with [personal profile] fuzzyred.

Read more... )
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ysabetwordsmith ([personal profile] ysabetwordsmith) wrote2026-01-06 12:00 am
Entry tags:

Science

A NASA satellite caught a giant tsunami doing something scientists didn’t expect

When a huge earthquake struck near Kamchatka, the SWOT satellite captured an unprecedented, high-resolution view of the resulting tsunami as it crossed the Pacific. The data revealed the waves were far more complex and scattered than scientists expected, overturning the idea that large tsunamis travel as a single, stable wave. Ocean sensors confirmed the quake’s rupture was longer than earlier models suggested. Together, the findings could reshape how tsunamis are modeled and predicted.
chase_acow: Grunt from Mass Effect. Bring it gesture (me grunt)
chase_acow ([personal profile] chase_acow) wrote2026-01-05 11:05 pm

pets update?

The pets are still all right. I was unable to move the stray cat on to a better place, so Remy is now a 60% outside 40% inside cat. The others mostly tolerate him. Got him snipped in the middle of December and I think the hormone changes is messing with everybody because he now just gets in a mood and starts stalking the others. They do not appreciate this.

All together, they make a pretty perfect cat. In order that they appear closest to the camera:

Mackie: always comes in to nap with me, biggest but also highest pitched meow, best ekekek noise
Creed: tiny lapcat, tiny little pink triangle mouth as she yells at me, sassy
Shark: sweetest most perfect boy who has never done anything wrong in his whole life and has the best "Whaaaaaaaaaa" sound instead of a meow.
Bear: is a box fiend, aloof cat so it means more when she decides to spend time touching me
Remy: sprawls over my chest and tucks his head under my chin, seems to really appreciate the soft things in life, also he bites toes

naptime with too many cats )
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cornerofmadness ([personal profile] cornerofmadness) wrote2026-01-05 11:25 pm
Entry tags:

La Befana's Night

And it was a long weird one for me. Couldn't sleep until after 3 AM only to have someone call the house at 7 AM (non emergency, OMG) and then my cousins were out here from 11-1. One lives not that far from here but the other was up from NC with his girlfriend.

It was actually a nice visit. Afterward that, it was warm enough to melt the ice and Mom and I escaped the hill. Managed to get to Macy's, picked up a last act shirt and blue jeans (all for under 34$ yay), some St. Germaine's liquor to add to my cocktail collection (am contemplating tossing the bottles all over the place back home, maybe the landlord will think it's such a mess because I drink too much) and then on to homegoods to get a new frying pan and whatever other trouble I could find (this time its name was pfeffernusse, and no I'm not sorry)

Almost blacked out at what the Chinese restaurant had jacked their prices too (we had an old menu)

I didn't get much writing done but I did finish the last of my planned [community profile] fandomtrees stories. Now to see if there is anything I can do in the many zero or 1 gift trees.

I got this from [personal profile] trobadora and [personal profile] sanguinity, the New Year's Book Prediction Meme

Grab the nearest book.
Turn to page 126
The 6th full sentence is your life in 2026.

I got 'I know he swaggers' from one of the two books and "The next thing I knew I was hit in the side by what felt like a streetcar.'

Hmmm I wouldn't mind meeting a swaggering man but we know which of these I'll get.


And it's music monday 30 weeks of music. This week's prompt is #8 a song from your first concert. I am ashamed to say I can't even remember which WAS my first concert. I think it was this. If not it was very close to being the first.





And finally i have the whole prompt list

it's under here )
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ysabetwordsmith ([personal profile] ysabetwordsmith) wrote2026-01-05 09:45 pm

Poem: "Who We Don't Ever Want to Be"

This poem is spillover from the February 4, 2025 Poetry Fishbowl. It was inspired by a prompt from [personal profile] fuzzyred. It also fills the "nostalgia" square in my 2-1-25 card for the Valentines Bingo fest. This poem has been sponsored by a pool with [personal profile] fuzzyred. It belongs to the Trichromatic Attractions thread of the Polychrome Heroics series.

Warning: This poem contains intense and controversial topics. Highlight to read the warnings, some of which are spoilers. It includes sobriety issues, angst, failed coping skills, self-loathing, difficulty planning, frustration with new skills, and other challenges. If these are sensitive issues for you, please consider your tastes and headspace before reading onward.

Read more... )
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AurumCalendula ([personal profile] aurumcalendula) wrote2026-01-05 11:18 pm
Entry tags:

(no subject)

Harmony Secret, episode 3:

Read more... )
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mistressofmuses ([personal profile] mistressofmuses) wrote2026-01-05 08:22 pm

Habit Tracking: Week 01 (January 01 - January 3)


Feathered serpent sticker from Featherbone. Shedding the skin of the old year and all.

Second half of the week! This week ended mostly on the note of miserable uncertainty about the entire geopolitical landscape. Trying not to let that overshadow everything... It doesn't really feel like a new year! I am trying to get into the mindset a bit, though. (At least completing last year's reading goals and now setting some new ones feels like something of a dividing line, so there's one thing that feels like closure and restarting!) I am glad I took Friday off, to give myself an extra day to try and get my life together, haha.

Goals for the week:

  • I did read more of Manhunt
  • I posted my 2026 intentions
  • I posted my 2025 books
  • I did not yet post my 2026 reading plans
  • I did set up my 2026 reading page
  • I did set up my tracking grids for January
  • I did not patch the seat in the truck

Tracked habits:

  • Work - 1/3 - we were closed on NYD, and I took the 2nd off
  • Household Maintenance - 2/3
  • Physical Activity - 1/3
  • Wrote 500/1000+ Words - 0/3
  • Non-fiction Writing - 2/3 - both over 1000 words
  • Meta Work - 2/3
  • Personal Writing - 3/3
  • Other Creative Things - 2/3
  • Reading - 3/3 - I read more of Manhunt; Alex and I read some of The Sun Dog
  • Attention to Media - 3/3 - Thursday we watched three episodes of Stranger Things, and later some reviews; Friday there was storm chasing and reviews in the background; Saturday we watched some paranormal videos, the reviews later, and then news coverage after getting a late-night alert.
  • Video Games - 0/3
  • Social Interaction - 2/3

Total words written: 3022 on plans and reflections

And after Bella's invisible ears in the previous post:


Here's a picture of her that Alex took on New Year's Eve, complete with ears!

sixbeforelunch: riker and troi sitting close togther talking in ten forward (trek - riker and troi ten forward)
Impossible Things ([personal profile] sixbeforelunch) wrote2026-01-05 10:07 pm
Entry tags:

yet more tng icons

"Conspiracy" is a weird episode. I don't know why I got the urge to rewatch it, much less icon the heck out of it, but here we are.

Onward for 36 icons featuring beardless Riker and Enterprise glamor shots )
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psocoptera ([personal profile] psocoptera) wrote2026-01-05 08:48 pm
Entry tags:

Disepiphany

A nice big finish for Disepiphany: yesterday I tested every pen in our annoying corner cabinet and pen and pencil rack and found a whole bag's worth of dried-up pens and broken-in-half pencils and such to get rid of (does Staples still have pen and marker recycling? we'll see) and then reorganized everything. We still have a ridiculous amount of everything - every year the kids have new marker and pen and pencil sets on their school supply lists, and then they come home in June with half of it barely touched - but fingers crossed that I can now get the things I actually use in and out of the cabinet without a bunch of other things diving out with them.

And then also, awhile ago J (big J) gave me a very exciting gift of exotic sausages (like some from game meat), not knowing that I have a pretty serious phobia of prion disease and don't eat game meat any more. I wrestled with it for awhile but finally acknowledged that even if I could make myself eat the sausages I couldn't make myself enjoy them, and while I felt bad Rejecting A Gift and Wasting Food, those are exactly the kind of rules you get to break in the Disadvent season. (I don't even believe the first one is a good rule but it was in my family growing up - like, oh, you hate that new clothing item? you'll be wearing it anyways - which I suppose was only supposed to apply when I was a kid, but my guilt did not get the message.) J, who is awesome, and kind about my anxiety, did not give me shit about it and is pleased to get the freezer space back.

And tomorrow I get the rest of the ornaments off the tree and the tree goes out to the yard to hang out until townwide tree collection. Happy Disepiphany!