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Today, the Supreme Court decided Turkiye Halk Bankasi A.S. v. United States. In this case, the United States brought criminal charges against a bank that was an instrumentality of the Turkish ...

Curtis A. Bradley and Jack L. Goldsmith, Foreign Relations Law: Cases and Materials (4th ed. 2011). International law can be divided into two categories: public international law and private ...

One of the most important disputes in the negotiation of the Arms Trade Treaty (ATT) at the United Nations is the question of whether the treaty should include a customary international law (CIL) ...

In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, ...

Until recently, the status of customary international law in the U.S. legal system drew scant attention outside of legal academic circles. The onset of the global war on terrorism (GWOT), however, has ...

Over the past quarter century, one of the principal applications of customary international law in U.S. courts has been in human rights litigation brought under the Alien Tort Statute (ATS). In its ...

Reform vs reinvention: what’s next? The legal theories in laws give multiple explanations and define laws in different ways according to their own time and social norms. International law is no ...

In recent years, the legitimacy of international law as a licit system has become a matter of profound scholarly interrogation and diplomatic preoccupation. This inquiry transcends the merely semantic ...

We appreciate the rich discussion triggered by this week’s EJIL Talk! symposium, which has addressed a number of legal issues arising from our report “A Threshold Crossed: Israeli Authorities and the ...