8,145 research outputs found

    Ali v. Rumsfeld: Challenging the President\u27s Authority to Interpret Customary International Law

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    Crucial Role of the States and Private International Law Treaties: A Model for Accommodating Globalization, The

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    This brief essay highlights the central and important role that state governments play in the development and integration of private international law treaties into the United States legal system. States play this central role even though, as some of the papers in this symposium have concluded, there are few, if any, constitutional constraints on the ability of the federal government to sign, ratify, and implement treaties that would displace state law. The primacy of states in the integration of private international law, this essay argues, points the way to a model of accommodation of other kinds of treaties affecting traditional areas of state control. The model of state government control over the integration of private international law offers a healthy, if modest, alternative to the sometimes reflexive nationalism pervading scholarship in this area that, in its most extreme form, has suggested that federalism is largely irrelevant to the conduct of foreign affairs

    Don\u27t Cry for Sovereign Debtors: Why Argentina\u27s Defeat in U.S. Courts Does Not Justify a Sovereign Debt Treaty

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    The recent triumph of holdout bondholders over Argentina in U.S. court litigation arising out of Argentina\u27s 2001 default on its sovereign bonds has renewed calls for the creation of an internationallyadministered sovereign debt restructuring mechanism (SDRM). Such a sovereign bankruptcy mechanism is needed, supporters have argued, because future Argentina-style holdout litigation could undermine the ability of sovereigns to reach equitable restructurings. This Article argues that the danger of future disruptive sovereign debt litigation in U.S. courts is overstated. A close analysis of the legal basis for U.S. court decisions in the Argentina litigation suggests that it will be difficult for future holdout creditors to replicate this strategy against other foreign sovereigns. U.S. law still grants foreign sovereigns enormous and nearly insurmountable legal advantages in U.S. courts over private creditors. While there may be good reasons to create an SDRM, the fear of future Argentina-style U.S. litigation is not one of those reasons

    Ali v. Rumsfeld: Challenging the President\u27s Authority to Interpret Customary International Law

    Get PDF
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