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The Caroline Affair In The Evolving International Law Of Self-Defense, Matthew C. Waxman
The Caroline Affair In The Evolving International Law Of Self-Defense, Matthew C. Waxman
Faculty Scholarship
The "Caroline" incident – an 1837 raid by British Canadian militia across the Niagara River border to sink an American steamboat being used by Canadian insurgents – is well-known to many international lawyers. United States Secretary of State Daniel Webster’s resulting correspondence with British representative Lord Ashburton is often cited today as a key authority on customary international self-defense standards. University of Ottawa professor Craig Forcese has produced a valuable new history and analysis of that event, its legal context, and its continuing influence: "Destroying the Caroline: The Frontier Raid that Reshaped the Right to War." As explained in this …
Application Of Customary International Law By U.S. Domestic Tribunals, Lori Fisler Damrosch
Application Of Customary International Law By U.S. Domestic Tribunals, Lori Fisler Damrosch
Faculty Scholarship
In recent years there has been a significant expansion of the number and kinds of cases in U.S. courts raising issues of customary international law. U.S. courts are increasingly asked to enforce international norms of behavior against foreign governments, state and local governments, and indeed the U.S. Government itself. To a greater and greater extent the courts themselves have become actors on the international scene: in the view of one party to a lawsuit, judicial or quasi-judicial acts may threaten to violate international law, while in the view of another party those same sorts of acts can contribute affirmatively to …