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Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia

Anthony J. Bellia

Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.

The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos M. Vizquez, and …

Human Rights Compliance And Accountability For U.S. Multinational Enterprises: A Principled Step Forward After Sosa And Kiobel, Paul Regan

Paul L Regan

This article proposes a Congressional statutory solution to resolve when a multinational corporation can be liable under the Alien Tort Statute on a claim for human rights abuses arising from a corporation’s overseas business operations. Under this proposal a U.S. multinational would be directly liable for human rights violations of its overseas subsidiary where it (1) failed to ensure that its overseas subsidiary had in place a reasonably effective and functioning human rights compliance system or (2) acquired knowledge of ongoing human rights violations by its overseas subsidiary and failed to take meaningful corrective measures in a timely way.

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan