The 1998 Frankel lecture: Bringing international law home

HH Koh - Hous. L. Rev., 1998 - HeinOnline
It is an honor to deliver this Frankel Lecture, particularly in the company of two of my
intellectual polestars: Thomas Franck of New York University School of Law and Robert …

Is international law really State law

HH Koh - Harv. L. Rev., 1997 - HeinOnline
Revisionist scholars have recently challenged the hornbook rule that United States federal
courts shall determine questions of customary international law as federal law. The …

Treaties as Law of the Land: The Supremacy Clause and the judicial enforcement of treaties

CM Vázquez - Harv. L. Rev., 2008 - HeinOnline
Treaties are being invoked increasingly in the courts, both in cases connected to the" war on
terror"'and in cases that would not otherwise be regarded as particularly international in …

Translating the standard of effective control into a system of effective accountability: how liability should be apportioned for violations of human rights by member state …

T Dannenbaum - Harv. Int'l LJ, 2010 - HeinOnline
The blue helmets of the UN peacekeeping forces, currently worn by more than 80,000
troops, can today be seen in eleven different theaters., Their arrival brings the anticipation of …

Indigenous peoples and the jurisgenerative moment in human rights

KA Carpenter, AR Riley - Calif. L. Rev., 2014 - HeinOnline
As indigenous peoples' have become actively engaged in the human rights movement
around the world, the sphere of international law, once deployed as a tool of imperial power …

Humanity's law: rule of law for the new global politics

RG Teitel - Cornell Int'l LJ, 2001 - HeinOnline
Serious human rights crises persist despite recent democratization and progress in
international human rights law. This contradictory state suggests that a puzzle exists …

Sosa, customary international law, and the continuing relevance of Erie

CA Bradley, JL Goldsmith, DH Moore - Harv. L. Rev., 2006 - HeinOnline
This Article analyzes the Supreme Court's 2004 decision in Sosa v. Alvarez-Machain against
the backdrop of the post-Erie federal common law. The Article shows that, contrary to the …

The current illegitimacy of international human rights litigation

CA Bradley, JL Goldsmith III - Fordham L. Rev., 1997 - HeinOnline
A central tenet of American foreign relations law is that customary Z international law (" CIL")
has the domestic legal status of federal common law. In a recent article, we labeled this view …

The Alien Tort statute and the law of Nations

AJ Bellia Jr, BR Clark - U. Chi. l. reV., 2011 - HeinOnline
Although courts and commentators have offered a wide range of theories regarding the
Alien Tort Statute'(ATS), the original meaning of the statute has remained elusive. As …

The law of our land: customary international law as federal law after Erie

B Stephens - FordhaM L. rev., 1997 - HeinOnline
F OR decades, federal courts have cited this famous language for the proposition that
customary international law is part of federal common law,'the body of unwritten rules of …