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Full-Text Articles in Law
De-Fanging The Mai, Mark Vallianatos
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
Sital Kalantry
Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to individually enforceable rights, they often apply the textualist methodology derived from statutory interpretation. However, instead of using textual theories of statutory interpretation, I argue that courts should use intentionalist theories developed from contract interpretation in determining individually enforceable rights under treaties. Two positive arguments and one negative argument support my approach. …
The International Law Of Game Of Thrones, Perry S. Bechky
The International Law Of Game Of Thrones, Perry S. Bechky
Perry S. Bechky
Game of Thrones depicts a violent and, some might say, lawless world. Few would think that world evidences much international law. Yet, this article identifies several rules of international law observable on the show and relates them to real-world international law. Observable rules include some fundaments of the law of treaties, customary norms, and (most surprisingly) at least one humanitarian peremptory norm. These rules cover a range of subjects, including sovereignty, state responsibility, jurisdiction, immunities, and human rights. The article also discusses the special legal status of the Night’s Watch, which is governed by the most important legal “text” in …