There is a fair argument that the President cannot renegotiate a trade agreement without specific, prior approval from the Senate.
How much do we know about this separate domain of privately funded congressional foreign travel? Has reliance on private sources become more or less common over time? Which members of Congress have participated? Where did they go? And who paid for it?
Reprentative Gabbard probably did not violate the Logan Act, but she may have run afoul of House ethics rules.
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.
An interview with Celeste Pino Canales, a professor of public international law at the University of Havana in Cuba.
Commentators on all sides tend to assume that the customary law courts are applying is in fact CIL. But what if it’s not? Or, put another way, how do we know that it is?
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.