Ryan Scoville

Ryan Scoville is an associate professor at Marquette University Law School, where he teaches and writes in the areas of international and U.S. foreign relations law.

Subscribe to this Lawfare contributor via RSS.

South China Sea

The South China Sea Arbitration: Implications for the Senkaku Islands

One of the big takeaways from the South China Sea arbitration is that the high-tide features in the Spratly Islands are mere “rocks” under Article 121(3) of UNCLOS. This outcome is not only significant for the South China Sea; it also suggests something about the status of disputed features in the East China Sea: the Senkaku Islands.

Executive Power

Legislative Diplomacy After Zivotofsky

Zivotofsky was a case about the recognition power, but it was also the first in quite a while to offer any insight into the Justices’ views on the nature of the President’s power to communicate with foreign sovereigns. The past six months have featured two high-profile examples of official contacts between Congress and foreign governments. Both incidents, while deeply controversial, raise questions about the longstanding assumption of executive exclusivity and demonstrate the need for closer analysis on the precise nature of the Article II diplomacy power. They also suggest a need to explore whether there’s any affirmative support for legislative diplomacy in Article I.