Oona A. Hathaway
The Dangerous Rise of “Dual-Use” Objects in War
Militaries are increasingly targeting “dual-use objects”—objects that serve both civilian and military purposes. Drawing on an original dataset of the U.S. military’s airstrike reports and ground reporting in Iraq and Syria, this Article illustrates how targeting such "dual-use objects" has undermined critical legal protections for civilians.
Presidential Power over International Law: Restoring the Balance
119 Yale L.J. 140 (2009). The vast majority of U.S. international agreements today are made by the President acting alone. Little noticed and rarely discussed, the agreements are concluded in a process almost completely hidden from outside view. This state of affairs is the result of a longterm transformation. Over the course of more than a century, Congress gradually yielded...
Treaties' End: The Past, Present, and Future of International Lawmaking in the United States
117 Yale L.J. 1236 (2008). Nearly every international agreement that is made through the Treaty Clause should be approved by both houses of Congress as a congressional-executive agreement instead. In making this case, this Article examines U.S. international lawmaking through empirical, comparative, historical, and policy lenses. U.S. international lawmaking is currently haphazardly carved up between two tracks of international lawmaking,...
Do Human Rights Treaties Make a Difference?
111 Yale L.J. 1870 (2002) Do countries comply with the requirements of human rights treaties that they join? Are these treaties effective in chan- ging changing states' behavior for the better? This Article addresses these questions through a large-scale quan- titative analysis of the relationship between human rights treaties and countries' human rights practices. The analysis relies on a database...