Wuerth argues that the traditional foundations for the federal common law of foreign relations have eroded, but that there is an alternative basis for the federal common law governing foreign official immunity.
Latest in Customary International Law
Using location coordinates and other intelligence supplied by French special forces to hunt down high-value French targets, Iraqi artillery and ground troops have killed French nationals fighting for ISIS during the battle to drive the extremist group from Mosul, Iraq.
Eric Talbot Jensen's new paper on presidential pronouncements of customary international law and their domestic versus foreign relations effects.
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?