Teaching International Law

Customary International Law: What is its Role in the U.S. Legal System?

Customary international law is now coming up in a variety of contexts in U.S. courts, including civil suits under the Alien Tort Statute, the review of military commission proceedings in the "war on terror," and criminal prosecution of piracy. Is customary international law a form of federal law, as claimed by the Restatement (Third) of the Foreign Relations Law of the United States? How does its status in the U.S. legal system compare with the status of treaties? Even if it is not directly applicable as U.S.

Guantanamo Military Commissions: Lessons Learned and the Way Forward

ASIL, in cosponsorship with its Lieber Society on the Law of Armed Conflict, will host a discussion of the United States's decade-long experience with military commission proceedings against detainees held at the detention facility at Guantanamo Bay, featuring Jess Bravin, an award-winning Wall Street Journal reporter and author of The Terror Courts: Rough Justice at Guantanamo Bay. Bravin will summarize the findings in his book, which draws on more than a decade of first-hand reporting at Guantanamo and extensive interviews with insiders in the commission process.

Support for the Syrian Insurgency: What UN and International Norms Apply?

This course is the last installment of three programs in a series cosponsored by the American Society of International Law in partnership with the United Nations Association of the National Capital Area’s International Law Committee to address the issue of the use of force. When is it permissible? What is the role of the UN and how can it be carried out?

Grotian Moments and Accelerated Formation of Customary International Law

This discussion examines the concept of accelerated formation of customary international law and its application to humanitarian intervention and to drone strikes against terrorists. It features George Washington University Law School Professor Sean Murphy, a member of the UN International Law Commission, and Case Western Reserve University School of Law Professor Michael Scharf, author of the new book Customary International Law in Times of Fundamental Change: Recognizing Grotian Moments published by ASIL Publisher Partner Cambridge University Press.

High School Curriculum

As the breadth of standardized examination requirements grows, international and human rights law is finding less and less room and nearly no mention in today’s high schools. To fill this gap, ASIL has created teaching modules modules designed for integration into existing history and civics curricula.

Supreme Court May Consider How Broadly the “Necessary and Proper” Clause of the Constitution Authorizes Legislation to Implement Treaties

Introduction

On January 18, 2013, the U.S. Supreme Court (Supreme Court) granted certiorari in Bond v. United States.  The Court set the questions presented as:

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17
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9
Author: 
Ronald J. Bettauer
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International Law and Foreign Laws in the U.S. State Legislatures

Introduction

Beginning in 2010, legislators in half of the U.S. states proposed—and in two states adopted—a series of bills or state constitutional amendments designed to restrict the use of international law and foreign laws by state (and sometimes federal) courts.  This Insight will summarize the trend in adopting legislation hostile to international law and foreign laws and briefly discuss its causes and consequences.

State Bills and Proposed Constitutional Amendments

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15
Issue: 
13
Author: 
Aaron Fellmeth
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