Transnational Litigation

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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Call for Paper Proposals—ASIL Midyear Meeting

The American Society of International Law is soliciting scholarly paper proposals for the 2025 ASIL Research Forum to be held at ASIL’s Midyear Meeting, September 25-27, at Case Western Reserve University School of Law in Cleveland Ohio. Abstracts can be submitted by clicking here and then clicking on “Call for Paper Proposals.” The deadline is…

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The Most-Viewed Posts of 2025 (So Far)

As we approach the third anniversary of Transnational Litigation Blog—the site officially launched on March 28, 2022—I thought it would be interesting to take a look at which posts have attracted the most views in the first few months of 2025. A list of the top ten appears below. Views 1 A Primer on Choice-of-Law…

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International Law in Domestic Courts Workshop, May 23

As previously announced, the next International Law in Domestic Courts (ILDC) Workshop will be held at the George Washington University Law School on May 23. ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and lawyers who are interested in issues pertaining to the…

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Choice of Law in the American Courts in 2024

The thirty-eighth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2024 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, adjudicative jurisdiction, and the recognition and enforcement of foreign judgments. This annual survey was admirably maintained by Symeon Symeonides for…

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Call for Papers: International Law in Domestic Courts

The next International Law in Domestic Courts (ILDC) Workshop will be held at the George Washington University on Friday, May 23, 2025. The ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and lawyers who are interested in issues pertaining to the application of…

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Rule 19 and Continuing Litigation in Peterson v. Bank Markazi

Last November, the Second Circuit decided in Peterson v. Bank Markazi that Bank Markazi, Iran’s Central Bank, remained immune from suit under the Foreign Sovereign Immunity Act (FSIA) despite the enactment of 22 U.S.C. § 8772, which subjects certain Iranian assets to “execution or attachment” to satisfy judgments against Iran. The district court will now…

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International Law in American Courts

In a new book, International Law in American Courts, slated for publication in Summer 2025, I address the status of international law in American courts under the Constitution and the power of those courts directly to apply rules of international law.  Readers can find the full manuscript on SSRN here. In this post, I summarize…

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All I Want for Christmas (from the Federal Courts)

Rounding out this week’s posts by John Coyle and Bill Dodge, here’s my wish list for the lower federal courts (plus a bonus plea to the Supreme Court). Stop Violating Rule 4(f) and the Hague Service Convention Rule 4(f) of the Federal Rules of Civil Procedure authorizes service of process on defendants “at a place…

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Historical Gloss and the Extradition Power

In a recently-published book, “Historical Gloss and Foreign Affairs: Constitutional Authority in Practice,” I document how the foreign affairs powers of Congress and the executive branch have been heavily shaped by historic governmental practices, on issues ranging from the recognition of foreign governments to the use of military force. In this post, I discuss one…

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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

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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Robin Effron

Brooklyn Law School
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Scott Dodson

UC Law – San Francisco
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