Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogBradley & Gulati on Customary International Law & Withdrawal Rights
By Lawrence Solum
Curtis A. Bradley and G. Mitu Gulati (Duke University - School of Law and Duke University - School of Law) have posted Customary International Law and Withdrawal Rights in an Age of Treaties (Duke Journal of Comparative & International Law, Vol. 21, No. 1, 2010) on SSRN. Here is the abstract:
-
The conventional wisdom among international law scholars is that, once a rule of customary international law (CIL) becomes established, nations never have the unilateral right to withdraw from it. In a recent article published in the Yale Law Journal, "Withdrawing from International Custom," we termed this conventional wisdom the Mandatory View of CIL and distinguished it from a possible regime in which nations could opt out of at least some CIL rules through advance notice, something we termed a Default View of CIL. After considering the intellectual origins and functional desirability of the Mandatory View, as well as the extent to which withdrawal rights are available under treaties, we concluded that it was difficult to justify a complete ban on withdrawal from all rules of CIL. That article is the subject of a forthcoming symposium edition of the Duke Journal of Comparative and International Law, in which a variety of scholars raise important questions about our analysis and its implications. In this essay, we seek to advance the analysis set forth in Withdrawing by addressing four topics implicated by the symposium responses: the current state of CIL; the proper way to conceive of CIL and its relationship to treaties; how a shift away from the Mandatory View might occur in practice; and whether a shift to a Default View would make a meaningful difference in state practice. We also identify some issues that could benefit from additional research.
Full post as published by Legal Theory Blog on January 12, 2011 (boomark / email).
Dumb Foreign Laws
Stupid Laws of Other Countries
Cumulative Voting
Protecting minority shareholder interests
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
State Will Statutes
State Differences in Last Will and Testament Checklist
Discrimination
Federal laws prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or disability
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Rally Rights
Gettysburg Borough awards arrested protester $22,500 civil rights settlement.
Civil / Human Rights
alleging violations of basic human and civil rights.
AT&T International Roaming Charges, AT&T lawsuit
AT&T Faces International Roaming Charges Lawsuit
Preliminary Settlement Reached With Soleus International
Soleus International Reaches Preliminary Settlement of Class Action
Google Sued for Violating the Privacy Rights of Millions of Americans
Google Sued for Violating the Privacy Rights of Millions of Americans
Anixter International Inc. 401(k) / ERISA Stock Fraud
Anixter International Inc. 401(k) / ERISA Stock Fraud

Bradley and Gulati and the Sine Curve of Customary International Law
Bradley and Gulati on Opt Out in Customary International Law
Second Circuit Rules on Customary International Law and ATS
IMMIGRANT OF THE DAY: SUNIL GULATI - SOCCER BOSS/ECONOMICS PROFESSOR








