Monica Hakimi
Biographic Data
| ID | 5697377 |
|---|---|
| NAME | Monica Hakimi |
| GIVEN NAMES | Monica |
| FAMILY NAME | Hakimi |
| SIGNATURE | HAKIMI M |
| AFFILIATIONS | University of Michigan |
| ORCID | 0009-0001-8135-5633 |
| VERIFIED | Yes |
| TOTAL WORKS | 22 |
| TOTAL CITATIONS | 36 |
| AUTHOR COUNT | 22 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 3 |
Introduction to Special Issue
Exorcising Hobbes’s Ghost
A review of Law for Leviathan: Constitutional Law, International Law, and the State. By Daryl Levinson
Statement by the Editors-in-Chief of the American Journal of International Law
As Editors-in-Chief of the American Journal of International Law , we endeavor to promote the study and practice of international law through broad, open, critical, and vigorous debate, both on and off the pages of the Journal . The success of our enterprise depends on freedom of inquiry—the ability to research, investigate, evaluate, theorize, challenge, collaborate, write, lecture, and publish without influence, coercion, or apprehension. The J…
Transforming the World with Reparations
This special issue of the American Journal of International Law —devoted entirely to reparations in international law—offers a range of perspectives on reparations for large-scale harms relating to colonialism, slavery, industrialization, and transboundary pollution. As the symposium authors describe, the gap between the reparations that justice might demand and the ones that international law provides is enormous. The international law for repar…
The End of the U.S.-Backed International Order and the Future of International Law
The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture, will also inevitably change
Introduction to a Special Issue on the Contemporary Practice of the United States at the Outset of President Trump’s Second Term in Office
The Prohibition of Annexations and the Foundations of Modern International Law
The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting fo…
Russia, Ukraine, and the Future World Order
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of I…
Making Sense of Customary International Law
This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law—routinely invoked and applied in a broad range of settings—and the source of such persistent confusion and derision? The centrality of CIL suggests that, for the many people who use it, it is not only comprehensible but worthwhile. They presumably use it for a reason. But then, what accounts…
Why Should We Care About International Law
Review of Harold Hongju Koh's The Trump Administration and International Law
Introduction to the Symposium on Cyber Attribution
This symposium explores some of the legal issues surrounding the attribution of cyber conduct to states. Relative to states' other activities, cyber conduct poses particularly thorny attribution challenges. States that engage in such conduct often use technology to obscure their identities or the full effects of their operations. The attribution challenges in turn raise difficult questions about how victim states should be allowed to respond-whet…
Ian Hurd, How to Do Things with International Law
The Jus ad Bellum ’s Regulatory Form
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different i…
Introduction to Symposium on Unauthorized Military Interventions for the Public Good
On April 6, 2017, the United States launched fifty-nine Tomahawk missiles against an air base in Syria, after evidence surfaced that Bashar Al-Assad's regime had again used chemical weapons against its people. 1 President Trump announced that the strikes were intended "to prevent and deter the spread and use of deadly chemical weapons." 2 But as of this Symposium's publication, the United States has not articulated a formal legal justification fo…
In re Akhbar Beirut & Al Amin
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash , a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a…
The Theory and Practice at the Intersection Between Human Rights and Humanitarian Law
The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues th…
Constructing an International Community
What unites states and other global actors around a shared governance project? How does the group—what I will call an “international community”—coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined i…
The Two Codes on the Use of Force
The jus ad bellum -the international regime that governs cross-border force -is an enigma. The regime is foundational to the global order and has been remarkably resilient over time. And yet, it is deeply discordant, even incoherent, in its operation. A few use of force norms are settled and robust. Although states occasionally deviate from these norms, the deviations are widely viewed and treated as legal violations. Other use of force norms are…
The Bond Court’s Institutional Truce
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s autho…
Unfriendly Unilateralism
State Bystander Responsibility
International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must…
The Council of Europe Addresses Cia Rendition and Detention Program
In November 2005, the U.S. media reported that the Central Intelligence Agency was operating secret detention facilities in a handful of foreign countries, including two in eastern Europe, and that detainees were often transferred between those facilities and states known to engage in torture. The news that terrorism suspects may have been denied their human rights in member states of the Council of Europe caused concern within the Council and tr…
Russia, Ukraine, and the Future World Order
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of I…
Constructing an International Community
What unites states and other global actors around a shared governance project? How does the group—what I will call an “international community”—coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined i…
The Prohibition of Annexations and the Foundations of Modern International Law
The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting fo…
The Jus ad Bellum ’s Regulatory Form
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different i…
State Bystander Responsibility
International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must…
The Council of Europe Addresses Cia Rendition and Detention Program
In November 2005, the U.S. media reported that the Central Intelligence Agency was operating secret detention facilities in a handful of foreign countries, including two in eastern Europe, and that detainees were often transferred between those facilities and states known to engage in torture. The news that terrorism suspects may have been denied their human rights in member states of the Council of Europe caused concern within the Council and tr…
The End of the U.S.-Backed International Order and the Future of International Law
The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture, will also inevitably change
Ian Hurd, How to Do Things with International Law
The Council of Europe Addresses Cia Rendition and Detention Program
In November 2005, the U.S. media reported that the Central Intelligence Agency was operating secret detention facilities in a handful of foreign countries, including two in eastern Europe, and that detainees were often transferred between those facilities and states known to engage in torture. The news that terrorism suspects may have been denied their human rights in member states of the Council of Europe caused concern within the Council and tr…
State Bystander Responsibility
International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must…
Unfriendly Unilateralism
The Bond Court’s Institutional Truce
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s autho…
The Two Codes on the Use of Force
The jus ad bellum -the international regime that governs cross-border force -is an enigma. The regime is foundational to the global order and has been remarkably resilient over time. And yet, it is deeply discordant, even incoherent, in its operation. A few use of force norms are settled and robust. Although states occasionally deviate from these norms, the deviations are widely viewed and treated as legal violations. Other use of force norms are…
Introduction to Symposium on Unauthorized Military Interventions for the Public Good
On April 6, 2017, the United States launched fifty-nine Tomahawk missiles against an air base in Syria, after evidence surfaced that Bashar Al-Assad's regime had again used chemical weapons against its people. 1 President Trump announced that the strikes were intended "to prevent and deter the spread and use of deadly chemical weapons." 2 But as of this Symposium's publication, the United States has not articulated a formal legal justification fo…
In re Akhbar Beirut & Al Amin
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash , a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a…
The Theory and Practice at the Intersection Between Human Rights and Humanitarian Law
The United States is more than fifteen years into a fight against terrorism that shows no sign of abating and, with the change in administration, appears to be intensifying. Other Western democracies that have historically been uneasy about U.S. counterterrorism policies have, in recent years, shifted toward those policies. And armed nonstate groups continue to commit large-scale acts of violence in multiple distinct theaters. The legal issues th…
Constructing an International Community
What unites states and other global actors around a shared governance project? How does the group—what I will call an “international community”—coalesce and stay engaged in the enterprise? A frequent assumption is that an international community is cemented by its members’ commonalities and depleted by their intractable disagreements. This article critiques that assumption and presents, as an alternative, a theory that accounts for the combined i…
Ian Hurd, How to Do Things with International Law
The Jus ad Bellum ’s Regulatory Form
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different i…
Introduction to the Symposium on Cyber Attribution
This symposium explores some of the legal issues surrounding the attribution of cyber conduct to states. Relative to states' other activities, cyber conduct poses particularly thorny attribution challenges. States that engage in such conduct often use technology to obscure their identities or the full effects of their operations. The attribution challenges in turn raise difficult questions about how victim states should be allowed to respond-whet…
Making Sense of Customary International Law
This Article addresses a longstanding puzzle about customary international law (CIL): How can it be, at once, so central to the practice of international law—routinely invoked and applied in a broad range of settings—and the source of such persistent confusion and derision? The centrality of CIL suggests that, for the many people who use it, it is not only comprehensible but worthwhile. They presumably use it for a reason. But then, what accounts…
Why Should We Care About International Law
Review of Harold Hongju Koh's The Trump Administration and International Law
Russia, Ukraine, and the Future World Order
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of I…
The Prohibition of Annexations and the Foundations of Modern International Law
The international legal norm that prohibits forcible annexations of territory is foundational to modern international law. It lies at the core of three projects that have been central to the enterprise: (1) to settle title to territory as the basis for establishing state authority; (2) to regulate the use of force across settled borders; and (3) to provide for people within settled borders collectively to determine their own fates. Prohibiting fo…
Exorcising Hobbes’s Ghost
A review of Law for Leviathan: Constitutional Law, International Law, and the State. By Daryl Levinson
Statement by the Editors-in-Chief of the American Journal of International Law
As Editors-in-Chief of the American Journal of International Law , we endeavor to promote the study and practice of international law through broad, open, critical, and vigorous debate, both on and off the pages of the Journal . The success of our enterprise depends on freedom of inquiry—the ability to research, investigate, evaluate, theorize, challenge, collaborate, write, lecture, and publish without influence, coercion, or apprehension. The J…
Transforming the World with Reparations
This special issue of the American Journal of International Law —devoted entirely to reparations in international law—offers a range of perspectives on reparations for large-scale harms relating to colonialism, slavery, industrialization, and transboundary pollution. As the symposium authors describe, the gap between the reparations that justice might demand and the ones that international law provides is enormous. The international law for repar…
The End of the U.S.-Backed International Order and the Future of International Law
The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture, will also inevitably change
Introduction to a Special Issue on the Contemporary Practice of the United States at the Outset of President Trump’s Second Term in Office
Introduction to Special Issue
Political science (19 works) · International Law and Human Rights (14 works) · Law (14 works) · Law (12 works) · International law (10 works) · Law and economics (10 works) · Sociology (10 works) · Business (7 works) · Global Peace and Security Dynamics (6 works) · Economics (5 works)