Customary International Law’s Domestic Status: Reflections After Twenty-Five Years
We are grateful to Bill Dodge for highlighting our 1997 article on the domestic legal status of customary international law. In that article, we critically analyzed what we referred to as the “modern position,” which is the claim made by some academics and the Restatement (Third) of Foreign Relations Law that customary international law has…
Continue ReadingThrowback Thursday: Revisiting Bradley and Goldsmith’s “Critique of the Modern Position”
Twenty-five years ago, Professors Curtis Bradley and Jack Goldsmith shook the fields of transnational litigation, federal courts, and foreign relations law by questioning the conventional wisdom that customary international law has the status of federal common law. Their article Customary International Law as Federal Common Law: A Critique of the Modern Position, published in the…
Continue ReadingForeign Dictators in U.S. Courts
From Augusto Pinochet to Jiang Zemin and Ferdinand Marcos, foreign dictators have for decades faced a range of claims in U.S. courts. But there is also a line of cases in U.S. courts involving dictators as plaintiffs. Over the last decade, authoritarian governments from China, Russia, Turkey, and Venezuela have used the U.S. judicial system to file frivolous claims against political opponents. And these claims appear to be mainly a harassment technique against dissidents and media outlets based in the United States.
Continue ReadingA Primer on Extraterritoriality
Extraterritoriality refers to the application of a state’s law beyond the state’s borders. Although the word “extraterritorial” often has negative connotations, international law permits a great deal of extraterritorial regulation. In a world where trade, information, crime, and lots of other things regularly cross borders, states often have an interest in regulating beyond the strict…
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