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International Law Commons

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Full-Text Articles in International Law

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia Aug 2016

The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia

Anthony J. Bellia

Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took …


Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth Mar 2016

Cracking The American Climate Negotiators’ Hidden Code: United States Law And The Paris Agreement, David A. Wirth

David A. Wirth

The United States’ position in, and conduct of, the negotiations leading to the Paris Agreement, as with almost all international diplomacy leading to reciprocal international undertakings conducted by that country, reflected not only internal politics, but also the constraints of domestic law. The United States is not unique in this respect, but it is unusual in the extent to, and manner in which, its municipal law constrains the creation of international commitments. This article disaggregates US international and domestic climate policy as it developed prior to the Paris negotiations and analyses how those dynamics played out on the multilateral stage, …


Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimene I. Keitner Dec 2015

Categorizing Acts By State Officials: Attribution And Responsibility In The Law Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

No abstract provided.