In the first place, the motion cannot get off the ground because there is no objective way to tell what jurisdictional decisions are “expansive.” In every contested jurisdictional proceeding, the respondent, at that phase of the case, will regard the court's decision as overly expansive if the court seizes jurisdiction. Whereas the claimant will not.

First, I should note that I am speaking today in my personal capacity only, and my views do not represent those of the U.S. government, the Department of Defense, or U.S. Cyber Command. At the outset, let me provide a brief overview of U.S. Cyber Command. It is a relatively new command within the Department of Defense. Established about seven years ago as a subunified command, it is an operational headquarters at the strategic level but at the moment subordinate to U.S. Strategic Command, one of the combatant commands within the Department of Defense. The 2017 National Defense Authorization Act included a provision stating that there shall be established a combatant command known as U.S. Cyber Command. As a result, there is now a lot of movement afoot to see how we will meet that legislative intent. In all likelihood, U.S. Cyber Command will elevate at some time in the future as a full combatant command.

Thank you, Madam President, for this kind introduction. We are here with a delegation from The Hague, and on behalf of the Asser Institute, it was a pleasure for us to organize this panel in cooperation with the municipality and the Royal Dutch Netherlands Embassy. Thank you all for joining us at this Closing Plenary on “Building Trust in International Law and Institutions.”

The impact of the colonial legacy and the decolonization process on the rule of law in sub-Saharan Africa encompasses virtually every component of the rule of law—governance, accountability, transparency, corruption, human rights, gender rights, access to justice, and the assurance of clear, publicized, stable, and just laws. These remarks are intended to provide an overview of some of the consequences of that legacy on the slow and delicate march toward a future where states and their leaders across the region embrace and abide by the rule of law.

Thank you very much Professor Padideh Ala'i for that very kind introduction. I would also like to thank you Dean Camille A. Nelson of the Washington College of Law and the Society for this really special honor of inviting me to give the Grotius Lecture this year. I also thank the President of the Society, Catherine Amirfar, for her leadership and stewardship. My thanks too to my friend, Fleur Johns, for accepting to be the discussant for this lecture. Like you, I look forward to her response very much.