... the compulsory jurisdiction of the International Court of Justice [(ICJ)]." The United States withd...S. 428, 438. The exclusionary rule cases on which Sanchez-Llamas principally relies are ina...Smit, International Law: Cases and Materials 120 (3d ed. 1993) ("[T]he decisions of the Interna...
...For the first category of cases, we will suggest how "efficient breach" may offer ... building codes to require construction materials that are more fire resistant. The leader neglects ...
...alleging violations of customary international law, the scope of liability--who is liable for wha... no occasion to address in the handful of cases we have decided in the thirty years since the revi... Smit, International Law: Cases and Materials 153 (3d ed. 1993) ("Since a state's responsibility...
The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggests that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances have also put pressure on the reified role of "treaty" in identifying rules of international law. Drawing from a number of theories developed to explain why states comply with international...
...If a state releases toxic materials into the environment, another state cannot do like... change was rejected as an excuse in the two cases in which it was argued before the ICJ. 97 . Witho...
.... RILM--RELIGIOUS INTERNATIONAL LEGAL MATERIALS . The purpose of this endeavor is for internationa... basis, as part of the international legal cases, texts, materials, and reports. Documenting hegemo...
... of original intent and the pre-Erie cases reflect two contending positions. The first is tha... ET AL., INTERNATIONAL LAW: CASES AND MATERIALS 1037-45 (2009) (listing criminal sanctions against...
This Note addresses the legal status of the post-ratification consensus Decisions of the Parties to the Montreal Protocol. The discussion covers the background to the Montreal Protocol and the incorporation of the United States' treaty commitments under the Protocol in the Clean Air Act. It then examines the opinion of the U.S. Court of Appeals for the District of Columbia Circuit in Natural Resources Defense Council v. EPA, 464 F.3d 1 (2006), in which that court determined that the parties' consensus Decisions represent political commitments, not law cognizable in U.S. courts. This Note critiques the court's justifications for concluding that the Decisions are not law applicable in the courts. It then considers the negotiating records and examples of party practice on the int...
...'s most significant statements on international law. Courts and commentators alike have since grap... variation indicates obligation in some cases and voluntariness in others. As the text of the Pr..., accustomed to analyzing legislative materials, have not been hesitant to resort to travaux prép...
... opinion deals a substantial blow to international law and its undertaking to. protect fundamental... have celebrated the Filartiga line of cases as an important advance of civilization. Not all, ... Smit, International Law: Cases and Materials 153 (3d ed. 1993) ("Since a state's responsibility...
..., knowledge of products and, in some cases, cheaper production costs in their home countries ... both business processes and supply of materials. Many immigrant entrepreneurs have leveraged their...
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