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International Law (Treaties, Intergovernmental Relations)

Who Defines International Law? - Event Video

2014 National Lawyers Convention
John Bellinger, Ryan Goodman, Michael W. Lewis, Deborah Pearlstein, John C. Yoo, Carlos T. Bea, John O. McGinnis November 17, 2014

This panel will consider the process for determining the content of international law, including the Law of Armed Conflict and International Humanitarian Law.  The International Committee of the Red Cross and other committees established by multilateral human rights conventions are often thought to enjoy a special competence in this process.  Should they?  The panel will discuss these questions, including the debate between the ICRC and the U.S. on counterterrorism measures and the legality of bulk surveillance for national security purposes.

The Federalist Society's International & National Security Law Practice Group presented this panel on "Who Defines International Law?" on Friday, November 14, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. John B. Bellinger, III, Partner, Arnold & Porter LLP, former Legal Adviser to the Department of State, former Senior Associate Counsel to the President, and former Legal Adviser to the National Security Council
  • Prof. Ryan Goodman, Anne and Joel Ehrenkranz Professor of Law, New York University School of Law 
  • Prof. Michael W. Lewis, Ella A. and Ernest H. Fisher Professor of Law, Ohio Northern University
  • Prof. Deborah Pearlstein, Yeshiva University, Benjamin N. Cardozo School of Law
  • Prof. John Choon Yoo, Emanuel S. Heller Professor of Law, University of California, Berkeley School of Law
  • Moderator: Hon. Carlos T. Bea, U.S. Court of Appeals for the 9th Circuit
  • Introduction: Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law

Mayflower Hotel
Washington, DC

How Free Should Trade Be? - Event Audio/Video

International Law Weekend 2014
Celeste Drake, John O. McGinnis, Grover Joseph Rees III, Matthew R.A. Heiman November 04, 2014

The panel of experts will focus on international trade and what limits, if any, should be applied. Likely topics to be addressed will include Presidential fast-track trade negotiation authority, the benefits and burdens of free trade, whether trade is an effective tool of foreign policy (e.g. binding countries together, sanctions), and multilateral versus global trade deals. The panelists are expected to have differing points of view, and we expect a lively discussion.

The Federalist Society co-sponsored this panel from the International Law Weekend 2014 held at Fordham University School of Law on October 25, 2014.

Featuring:

  • Ms. Celeste Drake, Trade and Globalization Policy Specialist, AFL-CIO
  • Prof. John McGinnis, George C. Dix Professor in Constitutional Law, Northwestern University School of Law
  • Hon. Grover Joseph Rees, Former U.S. Ambassador to East Timor
  • Moderator: Mr. Matthew Heiman, Vice President and Chief Compliance & Ethics Officer, Tyco International Ltd.

October 25, 2014
Fordham University School of Law

Dealing with Putin’s Russia: What is the Best Approach? - Podcast

International & National Security Law Practice Group Podcast
Brian H. Hook, Heather Hurlburt August 05, 2014

From the time he entered office after being tapped by Boris Yeltsin to succeed him, President Vladimir Putin’s overarching objective was to consolidate power – at home and abroad.  From earlier focuses on the Russian economy and quashing internal rivals, President Putin now seeks to recover geo-strategic assets lost in the Soviet collapse, which he called “the greatest geo-political catastrophe of the 20th century.”

President Putin's adventurism in the “post-Soviet space” was previously limited to cyber-activities in the Baltics, widespread regional economic and security pressure, and the 2008 invasion of Georgia.  But in 2014 he aimed far higher by invading and annexing Crimea and then destabilizing eastern Ukraine.  The downing of Malaysia Airlines Flight MH17 by Russian-backed separatists in Ukraine has caused the West to re-assess its overall approach to Russia.

What is President Putin up to? How far will he go?  What should the United States do to deter President Putin's ambitions to make Russia the dominant power in Eurasia?  And what are our European allies willing to do?

  • Hon. Brian H. Hook, Founder, Latitude, LLC and former Assistant U.S. Secretary of State for International Organization Affairs
  • Ms. Heather Hurlburt, Senior Fellow in National Security, Human Rights First

Republic of Argentina v. NML Capital, Ltd. - Post-Decision SCOTUScast

SCOTUScast 6-20-14 featuring Mike Ramsey and Thomas Lee
Thomas H. Lee, Michael D. Ramsey June 20, 2014

Michael RamseyThomas LeeOn June 16, 2014, the Supreme Court heard oral argument in Republic of Argentina v. NML Capital. The question in this case is whether post-judgment discovery in aid of enforcing a judgment against a foreign state can be ordered with respect to all assets of a foreign state regardless of their location or use, as held by the Second Circuit, or is limited to assets located in the United States that are potentially subject to execution under the Foreign Sovereign Immunities Act of 1976 (“FSIA”), 28 U.S.C. § 1602 et seq., as held by the Seventh, Fifth, and Ninth Circuits. 

In an opinion issued by Justice Scalia, the Court affirmed the Second Circuit by a vote of 7-1 (Justice Sotomayor not participating), holding that no provision in the FSIA immunizes a foreign-sovereign judgment debtor from postjudgment discovery of information concerning its extraterritorial assets. Justice Ginsburg dissented.

To discuss the case, we have Prof. Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, Director, International & Comparative Law Programs, University of San Diego School of Law as well as Professor Thomas Lee, the Leitner Family Professor of International Law, Director Graduate and International Studies, Fordham University School of Law.