Posts

Who Has the Authority to Waive Sovereign Immunity Via Contract?

In a prior post, Ingrid Brunk and I wrote about the ways that foreign nations can waive their sovereign immunity via various types of contractual provisions. There are, however, additional requirements that must be satisfied for a contractual waiver of sovereign immunity to be valid. Among other things, a party seeking to enforce such a…

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Zach Clopton Named Interim Dean of Northwestern

We are delighted to share that TLB Editor Zach Clopton has been named the interim dean of Northwestern University Pritzker School of Law. In light of his new responsibilities, Zach will be stepping away from his editorial duties at TLB. We have pasted below some of his “greatest hits” to highlight the breadth and depth…

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The Jurisdictional Battle Over Which Court Will Adjudicate the Trump Tariff Challenges

Last week, two courts enjoined the Trump administration tariffs that Trump purported to promulgate by executive order pursuant to the International Emergency Economic Powers Act (IEEPA). In a May 28 ruling in V.O.S. Selections Inc. v. U.S., the Court of International Trade (CIT) issued a permanent injunction against the government defendants, and in a May…

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One Century of Arbitration in the United States: Call for Papers

To celebrate the one hundredth anniversary of the Federal Arbitration Act, Transnational Dispute Management(TDM) is publishing a special issue, “One Century of Arbitration in the United States: The Federal Arbitration Act at Home and Abroad,” edited by Professor Björn Arp and Professor Kiran Nasir Gore. Proposals may be submitted to info@transnational-dispute-management.com and will be reviewed…

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Recent Scholarship on Sovereign Immunity from Executive Measures

Immunity protects the assets of foreign sovereigns from the jurisdiction of domestic courts.  Customary international law requires such immunity, which is also conferred in the United States by the Foreign Sovereign Immunities Act (FSIA). An important question about sovereign immunity is whether it also protects the assets of foreign sovereigns from executive branch or administrative…

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The Personal Jurisdiction Case With Everything

In one of my favorite moves, The Princess Bride, the grandfather describes the story as having everything: “Fencing! Fighting! Revenge! Giants! Chases! Escapes! True love! Miracles!” This scene popped into my head when I was reading a recent decision by the Court of Appeals of Texas (Fourteenth District). That opinion, Certain Underwriters at Lloyd’s London…

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Why Canada’s Terrorism Exception Does Not Violate International Law

Like the United States, Canada has an exception in its State Immunity Act (SIA) for state supporters of terrorism. Canada has put Iran and Syria on the list of states against which claims for terrorism may be brought in Canadian courts. Under the SIA, Canadian courts have found Iran liable for shooting down a Ukraine…

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The Many Uses of the Forum Selection Clause

The forum selection clause is the Swiss Army Knife of transnational litigation. Among other things, it may be invoked to: obtain personal jurisdiction over a defendant who otherwise lacks any connection to the chosen jurisdiction; dismiss a case filed in a jurisdiction other than the one named in the clause; defeat an attempt to enforce…

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Second Circuit Finds Provision of New York Convention Self-Executing

The Constitution’s Supremacy Clause states that “all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land,” but the U.S. Supreme Court has long distinguished between self-executing and non-self-executing treaties. Self-executing treaty provisions are effective as federal law without implementing legislation. Non-self-executing treaty…

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Colorado Supreme Court Blesses Climate Case

Climate litigation remains a hot topic (pun intended). This post briefly summarizes an important recent decision from the Colorado Supreme Court. [Disclosure: I have filed amicus briefs in other climate change litigation arguing that those cases do not interfere with the foreign relations of the United States.] As readers of TLB will know, a common…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Paul B. Stephan

University of Virginia School of Law
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Robin Effron

Brooklyn Law School
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Maryam Jamshidi

University of Colorado Law School
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Fikri Soral

Galatasaray University
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Gregg Cashmark

Vanderbilt Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Symeon Symeonides

Willamette University College of Law
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Aaron D. Simowitz

Willamette University College of Law
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John B. Bellinger

Arnold & Porter LLP
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R. Reeves Anderson

Arnold & Porter LLP
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Volodymyr Ponomarov

Arnold & Porter LLP
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