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…
Continue ReadingOne 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…
Continue ReadingSecond 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…
Continue ReadingCall 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…
Continue ReadingThe 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…
Continue ReadingInternational 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…
Continue ReadingChoice 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…
Continue ReadingCall 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…
Continue ReadingRule 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…
Continue ReadingInternational 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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