Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Accountability (1)
- Adjudicatory Theory (1)
- Administrative Law and Politics (1)
- Congressional Oversight (1)
- Constitutionalism (1)
-
- Cooperation thesis (1)
- Courts (1)
- Customary international law (CIL) (1)
- Defense of the Federal Government (1)
- Defense of the State (1)
- Due Process (1)
- Executive Power (1)
- Global legal pluralism (1)
- Harvard International Law Journal (1)
- Human Rights (1)
- Information Law and Policy (1)
- International Adjudication (1)
- International Court of Justice (ICJ) (1)
- International Courts (1)
- International Law (1)
- International and municipal law (1)
- International law (1)
- International relations (1)
- Investigative Journalism (1)
- Latin American Constitutional Law (1)
- Liberalism of Fear (1)
- Modern governance (1)
- National Security (1)
- Open Data (1)
- Open Government (1)
Articles 1 - 5 of 5
Full-Text Articles in Constitutional Law
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
Faculty Scholarship
When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …
What Is Foreign Relations Law?, Curtis A. Bradley
What Is Foreign Relations Law?, Curtis A. Bradley
Faculty Scholarship
This draft first chapter of The Oxford Handbook of Comparative Foreign Relations Law considers what is potentially encompassed by the term “foreign relations law,” and what it might mean to think about it as a distinct field of law that can be compared and contrasted across national jurisdictions. The chapter begins by outlining some differences between foreign relations law and international law. It then describes the development of foreign relations law as a field of study within the United States and considers why, at least until recently, it has not been treated as a field in most other countries. Finally, …
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Treaty Exit In The United States: Insights From The United Kingdom Or South Africa?, Curtis A. Bradley, Laurence R. Helfer
Faculty Scholarship
This essay, a contribution to an AJIL Unbound symposium on “Treaty Exit at the Interface of Domestic and International Law,” compares treaty exit in the United States, the United Kingdom, and South Africa. After examining the longstanding practice of unilateral presidential withdrawals from treaties in the United States and the refusal to date of U.S. courts to review the constitutionality of that practice, the essay summarizes recent judicial decisions in the United Kingdom and South Africa holding that parliamentary approval was required before these nations could withdraw from treaties committing them, respectively, to the European Union and the International Criminal …
The Work Of International Law, Monica Hakimi
The Work Of International Law, Monica Hakimi
Faculty Scholarship
This Article crystallizes and then critiques a prominent view about the role of international law in the global order. The view — what I call the “cooperation thesis” — is that international law serves to help global actors cooperate, specifically by: (1) curbing their disputes, and (2) promoting their shared goals. The cooperation thesis often appears as a positive account of international law; it purports to explain or describe what international law does. But it also has normative force; international law is widely depicted as dysfunctional when it does not satisfy the thesis. In particular, heated or intractable conflict is …
Freedom Of Information Beyond The Freedom Of Information Act, David Pozen
Freedom Of Information Beyond The Freedom Of Information Act, David Pozen
Faculty Scholarship
The U.S. Freedom of Information Act (FOIA) allows any person to request any agency record for any reason. This model has been copied worldwide and celebrated as a structural necessity in a real democracy. Yet in practice, this Article argues, FOIA embodies a distinctively “reactionary” form of transparency. FOIA is reactionary in a straightforward, procedural sense in that disclosure responds to ad hoc demands for information. Partly because of this very feature, FOIA can also be seen as reactionary in a more substantive, political sense insofar as it saps regulatory capacity; distributes government goods in an inegalitarian fashion; and contributes …