International Law

The Limits of Prodemocratic International Law in Europe
Aslı Ü. Bâli
Professor of Law, UCLA School of Law

I would like to thank the symposium participants for their helpful comments and the editors of the journal for their excellent suggestions. I would also like to thank Mariam Abuladze for exceptional research assistance.

Tom Ginsburg’s Democracies and International Law offers a careful and wonderfully well-documented account of how international law can reinforce or undermine democratic governance within states. At a time when worries about democratic backsliding dominate the growing comparative law literature, Ginsburg—who has been an important contributor to those debates—sets his sights here on the international law dimension of these questions.

The Future of Embedded International Law: Democratic and Authoritarian Trajectories
Karen J. Alter
Norman Dwight Harris Professor of International Relations, Northwestern University and Permanent Visiting Professor at iCourts,

Embedded international law (IL) is a democratic strategy designed to enhance respect for international law. A significant part of Tom Ginsburg’s research has focused on the de facto incorporation of international legal principles into domestic legal orders, and thus on the empirical prevalence of international legal transplants. Ginsburg’s recent book Democracies and International Law, which inspired this symposium, identifies how democracies have been key actors in building IL and embedded IL.

Courts, Congress, and the Conduct of Foreign Relations
Kristen E. Eichensehr
Assistant Professor, UCLA School of Law

For their generous engagement with this project, I am grateful to Aslı Bâli, Will Baude, Curt Bradley, Sam Bray, Josh Chafetz, Zach Clopton, Stephen Gardbaum, Carole Goldberg, Robert Goldstein, Jon Michaels, Kal Raustiala, Richard Re, Ryan Scoville, Shirin Sinnar, Stephen Vladeck, the editors of The University of Chicago Law Review, and participants in the Junior Faculty Federal Courts Workshop, Southern California International Law Scholars Workshop, and UCLA School of Law Summer Works-in-Progress Workshop. Andrew Brown, Nicholas Garver, Danielle Hesse, and Joshua Ostrer provided excellent research assistance.

The Alien Tort Statute and the Law of Nations
Anthony J. Bellia Jr
Professor of Law and Notre Dame Presidential Fellow, Notre Dame Law School
Bradford R. Clark
William Cranch Research Professor of Law, The George Washington University Law School

We thank Amy Barrett, Tricia Bellia, Curt Bradley, Paolo Carozza, Burlette Carter, Anthony Colangelo, Michael Collins, Anthony D’Amato, Bill Dodge, Rick Garnett, Philip Hamburger, John Harrison, Duncan Hollis, Bill Kelley, Tom Lee, John Manning, Maeva Marcus, Mark McKenna, Henry Monaghan, David Moore, Julian Mortenson, Sean Murphy, John Nagle, Ralph Steinhardt, Paul Stephan, Ed Swaine, Jay Tidmarsh, Roger Trangsrud, Amanda Tyler, Carlos Vázquez, Julian Velasco, and Ingrid Wuerth for helpful comments. In addition, we thank participants in the 2010 Potomac Foreign Relations Law Roundtable at The George Washington University Law School, the 2010 Workshop of the International Law in Domestic Courts Interest Group of the American Society of International Law at the University of Virginia School of Law, and faculty workshops at The George Washington University and Notre Dame Law Schools. We give special thanks to research librarian Patti Ogden for her exceptional, expert research assistance. We also thank Notre Dame law students and alumni Nick Curcio, Katie Hammond, John Lindermuth, and Carolyn Wendel and George Washington University law students and alumni Benjamin Kapnik, Heather Shaffer, and Owen Smith for excellent research assistance.

From Treaties to International Commitments: The Changing Landscape of Foreign Relations Law
Jean Galbraith
Assistant Professor of Law, University of Pennsylvania Law School

For comments, I am grateful to Kristen Boon, Curt Bradley, Stephen Burbank, Cary Coglianese, Bill Ewald, Oona Hathaway, Sophia Lee, Zach Price, Beth Simmons, the editors of the University of Chicago Law Review, and participants at the 2016 Yale-Duke Foreign Relations Law Roundtable, the University of Pennsylvania Law School faculty retreat, and the Seton Hall University School of Law faculty workshop. For assistance with sources, I thank Gabriela Femenia of the Penn Law Library.