More often than not, when we think about customs and laws, we think of them as two distinct categories. Customs are encouraged, but optional: replying to an RSVP request, writing a thank-you note, ...

Today, the Supreme Court decided Turkiye Halk Bankasi A.S. v. United States. In this case, the United States brought criminal charges against a bank that was an instrumentality of the Turkish ...

Until recently, the status of customary international law in the U.S. legal system drew scant attention outside of legal academic circles. The onset of the global war on terrorism (GWOT), however, has ...

One of the most important disputes in the negotiation of the Arms Trade Treaty (ATT) at the United Nations is the question of whether the treaty should include a customary international law (CIL) ...

In “The War of Law” (July/August 2013), Jon Kyl, Douglas Feith, and John Fonte purport to explain the state of international law and how it “undermines democratic sovereignty.” Their portrayal, ...

Curtis A. Bradley and Jack L. Goldsmith, Foreign Relations Law: Cases and Materials (4th ed. 2011). International law can be divided into two categories: public international law and private ...

Reform vs reinvention: what’s next? The legal theories in laws give multiple explanations and define laws in different ways according to their own time and social norms. International law is no ...

The Yale Law Journal recently hosted a debate on a subject that sounds abstract at first, but which has a host of implications for how the United States fights terrorists, treats them when captured, ...

Shirley Hazzard’s iconic novel, The Great Fire, describes international law as a “beaut racket”. Set in post-war Japan, soon after the framing of the UN Charter in 1945, the book explores the dire ...