Executing Foster v. Neilson

January 22, 2012 Harvard ILJ 0

Properly framed, the self-execution inquiry comprises two distinct questions. First, what does the treaty obligate the United States to do? This is a question of international law governed by treaty interpretation principles. Second, which government actors within the United States are responsible for domestic treaty implementation? This is a question of domestic law, not international law: treaties almost never answer this question.

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After the Last Judgment

April 25, 2011 Harvard ILJ 0

We begin by providing a brief overview of the Egyptian Constitution. We then discuss some of the main amendments that the Egyptian Constitutional Amendment Committee proposed and that were recently adopted by public referendum. Finally, we recommend a few other amendments that Egypt should consider after parliamentary elections take place.

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The Denationalization of Constitutional Law

January 1, 2006 Harvard ILJ 0

International law, in general, and international human rights law, in particular, have experienced a battering in recent years. Spurred in part by national reactions to the “new terrorism,” politicians and legislators—as well as judges, practitioners, and intellectuals worldwide and along the ideological spectrum—have expressed reservations about the role and function of international law in domestic affairs. Reactions have ranged from sharp skepticism about the authority and utility of international law to conditions and caution about how it should be given effect within the domestic system.