In association with the International Commission of Jurists

The Origins and Fall of Treaty Supremacy and Its Significance

15 Feb

[Thomas Lee is the Leitner Family Professor of International Law and the Director of Graduate and International Studies at Fordham Law School. This is the fifth post in our symposium this week on treaty supremacy.] Imagine Congress passes, and the President signs into law, a statute providing that the United States "undertakes to comply with the decision" of a bilateral US-China arbitral panel that the...

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15 Feb

As has been widely reported, 17 international-law scholars -- including yours truly -- recently submitted a 105-page communication to the Office of the Prosecutor alleging that Australia's treatment of refugees involves the commission of multiple crimes against humanity, including imprisonment, torture, deportation, and persecution. The communication is a tremendous piece of work, prepared in large part by the Global Legal Action Network (GLAN) and...

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15 Feb

[John Parry is the Associate Dean of Faculty and Edward Brunet Professor of Law at the Lewis & Clark Law School. This is the fourth post in our symposium this week on treaty supremacy.] David Sloss’s fantastic new book restores order and sanity to the confusion that pervades constitutional doctrine on the status of treaties. The great achievement of this book is...

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14 Feb

[David P. Stewart is Professor from Practice at Georgetown University Law Center.This is the third post in our symposium this week on treaty supremacy.] How are we to explain the yawning gap between the Founding Fathers’ clearly “monist” ideas about the role of treaties in our domestic legal system and the much more circumscribed “dualist” concept reflected in the Supreme Court’s Medellin...

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13 Feb

[Carmen G. Gonzalez is a Professor of Law at Seattle University School of Law. This is the second post in our symposium this week on treaty supremacy.] David Sloss’ eye-opening new book, The Death of Treaty Supremacy: An Invisible Constitutional Change (Oxford University Press, 2016) should be read by lawyers, judges, law students, policy-makers, and legal scholars for its valuable...

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12 Feb

This week, we are hosting a symposium on The Death of Treaty Supremacy: An Invisible Constitutional Change the latest book from David Sloss, Professor of Law at Santa Clara University. The book was published last fall by Oxford University Press and the American Society of International Law recently selected the book to receive the 2017 Certificate of Merit for a Preeminent Contribution to Creative...

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08 Feb

[Benjamin Nussberger is a PhD student and research fellow at the Institute for Peace and Security Law at University of Cologne. He is currently pursuing a LLM degree at Columbia Law School.This post is a response and addendum to Professor Helal’s post Crisis in The Gambia: How Africa is Rewriting Jus ad Bellum.] The Security Council did it again. Intentionally? No...

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08 Feb

The legal battle over President Trump’s recent executive order has cast a spotlight on the president’s broad and potentially abusive powers over U.S. immigration laws.  But it is worth remembering that this power can be used in many different ways, including in ways that the President’s critics would support.  This past December, Congress delegated to the president broad discretionary powers...

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04 Feb

Kill me: Funding will be taken away from any organisation that is "controlled or substantially influenced by any state that sponsors terrorism" or is behind the persecution of marginalised groups or systematic violation of human rights. The order has singled out peacekeeping, the International Criminal Court and the United Nations Population Fund. The UNPFA targets violence against women, fights to keeps childbirth and abortion,...

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03 Feb

[Jonathan Hafetz is Professor of Law at Seton Hall University School of Law.] President Trump’s recent executive order temporarily barring the entry of refugees and others has provoked widespread protests, inflicted unnecessary suffering, and undermined the United States’ reputation across the world.  Several district judges have temporarily blocked its enforcement, at minimum preserving the status quo (by halting the removal of...

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