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Full-Text Articles in Law
Changing The International Law Of Sovereign Immunity Through National Decisions, Lori Fisler Damrosch
Changing The International Law Of Sovereign Immunity Through National Decisions, Lori Fisler Damrosch
Faculty Scholarship
The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although some U.S. Supreme Court decisions refer to this body of law using terms like "grace and comity," the customary international law of sovereign immunity is law, which national courts should consider when arriving at immunity decisions. While it would be possible for a widely followed international treaty to work changes in customary international law, the UN Convention on Jurisdictional Immunities of States and Their Property has not done so yet. National legislation such as the U.S. Foreign Sovereign Immunities Act can precipitate …
Medellin And Sanchez-Llamas: Treaties From John Jay To John Roberts, Lori Fisler Damrosch
Medellin And Sanchez-Llamas: Treaties From John Jay To John Roberts, Lori Fisler Damrosch
Faculty Scholarship
Medellin v. Texas and Sanchez-Llamas v. Oregon were the first opportunities for the U.S. Supreme Court to speak in the voice of Chief Justice John Roberts on several of the biggest questions at the connecting points between the U.S. legal order and the rest of the world. In writing for the majority in these cases, the new Chief Justice sent signals to several different audiences about whether and how the United States will fulfill its international obligations. The messages differ markedly from those sent by the divided Court in Hamdan v. Rumsfeld, in which Roberts did not participate. Hamdan was …