Cluster munitions have been a significant weapon in the world’s arsenals for the last half-century, but their use has drawn sharp...

This Article fills a gap in the literature by examining in depth China’s state practice and official pronouncements in respect of nine...

Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected...

In 2005, the people of Iraq ratified a permanent Constitution, a significant milestone in the journey from Saddam Hussein’s authoritarian...

This Article is a rejoinder to a recent comment by Professor Romano on an earlier paper I coauthored with Christian Kirchner.  Professor...

The United Nations Convention and Protocol Relating to the Status of Refugees define the requirements for qualification as a “refugee”...

The U.S. Supreme Court decided in Samantar v. Yousuf that claims of immunity by individual foreign officials in U.S. courts will be...

The Supreme Court’s decision in Samantar v. Yousuf vindicated the position of the State Department’s Office of the Legal Adviser, which...

In Samantar v. Yousuf, the U.S. Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA) does not govern the...

It has been a long-standing rule in admiralty that in order for a foreign sovereign to assert immunity in U.S. courts, the res that is...

This essay examines Samantar v. Yousuf in the context of broader debate about the relationship between federal common law and executive...

At the request of the Executive Branch, courts routinely dismiss private suits against sitting heads of foreign states. Congress has ...

This Article suggests that arguments against the availability of state immunity as a bar to civil actions alleging internationally...

This Article examines the basis of an asserted jus cogens exception to sovereign immunity. It demonstrates that the vision of jus cogens...

The proceedings between Germany and Italy currently pending before the International Court of Justice have revived interest in the legal...

Government officials accused of human rights abuses often claim that they are protected by state immunity because only the state can be...

The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although...

The Central Intelligence Agency (CIA), with the approval of the Obama Administration, conducts targeted killings of individual suspected...

For years, the federal courts of appeals have borrowed heavily from securities law jurisprudence in developing a framework for analyzing...

Past policy approaches to achieving international climate change mitigation have restricted the means for achieving mitigation to broad...