Congress as International Law Defender?

Date

2017-6-20

Website

Many people are unaccustomed to thinking about Congress as a key player when it comes to foreign policy or international law outside of Congress’s few clearly established roles, such as providing advice and consent to treaty ratification or defining and punishing violations of the law of nations.

Citation

Ashley S. Deeks, Congress as International Law Defender?, Lawfare (June 20, 2017).

UVA Law Faculty Affiliations

Ashley S. Deeks

Center for International & Comparative Law

Constitutional Law and Legal History

National Security Law Center

LawTech Center

More in This Category

The Duty of Creditors to Cooperate in Sovereign Debt Workouts

G. Mitu Gulati

Lee C. Buchheit

Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...

The REPO Act: Confiscating Russian State Assets and Ukrainian Reparations

Lee C. Buchheit

Paul B. Stephan

The bill proposes a flawed and possibly unconstitutional reparations program and needs to be reworked to give Ukraine some chance at a viable post-war...

Tax Competition and State Aid

Ruth Mason

At the inception of a new and potentially transformative type of tax enforcement, this Article reviews the goals underlying the prohibition on state...

How Do We Express Our Outrage at Russia?

Paul B. Stephan

Since Russia invaded Ukraine in 2022, the United States and its allies have searched for the best way to express their horror and dismay. At the level...

National Security AI and the Hurdles to International Regulation

Ashley S. Deeks

States are increasingly turning to artificial intelligence systems to enhance their national security decision-making. The real risks that states will...

The World Crisis and International Law: The Knowledge Economy and the Battle for the Future

Paul B. Stephan

The knowledge economy, a seeming wonder for the world, has caused unintended harms that threaten peace and prosperity and undo international...

National Security Creep in Corporate Transactions

Kristen Eichensehr

Cathy Hwang

National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic...

Marry the Domestic and the International

Paul B. Stephan

The roots of this book run through an article in this Journal almost forty years ago. Professor Iwasawa, as he was then, came to the University of...

Year Ahead - The Hurdles to International Regulation of AI Tools

Ashley S. Deeks

In 2023, non-governmental organizations such as Human Rights Watch and Stop Killer Robots will continue their calls for a new international legal...

Transnational Civil Litigation

Joachim Zekoll

Michael G. Collins

George Rutherglen

This casebook addresses the global dimension of civil procedure, and the conflicts that American law gives rise to in cross-border litigation...

Big Data and the Law of War

Paul B. Stephan

If big data is a resource and therefore a potential target of armed conflict, what kinds of attacks justify an armed response and what are the rules...

The Legitimacy of International Law

Paul B. Stephan

Assessing the legitimacy of any legal system is hard, but especially if the system in question is the volatile and contested field of international...

Rethinking the WTO - A Tribute to Bob Lutz

Paul B. Stephan

Over the last thirty years, almost every time I stepped out of my narrow academic path to do something that, I hoped, was for the greater public good...

Avoiding a Lost Decade—An Interim Update

G. Mitu Gulati

Lee C. Buchheit

All sovereign debt restructurings are inherently messy, expensive, exasperating, time-consuming and contentious. These are the familiar pathologies in...

The Logic of Treatymaking

Kevin Cope

This article develops a positive, decision-theoretical model of the logic that states use in drafting, negotiating, approving, and ratifying...

Sanctions Overcompliance: What, Why, and Does It Matter?

Pierre-Hugues Verdier

Economic and financial sanctions have become one of the most prominent tools of U.S. foreign policy. The relevant sanctions programs are complex and...

A Wrench in the GLOBE's Diabolical Machinery

Ruth Mason

In this article, Mason explains how the OECD's proposed Pillar 2 global minimum tax rules induce cooperation by states, and how the proposal to enact...

Post-Liberal Constitutionalism and the Right to Effective Government

David S. Law

Notwithstanding the efforts that have been made to pluralize the concept, constitutionalism continues to be identified closely with, and for many...