Friday, November 21, 2008
The American Society of International Law (ASIL) has published another issue of the American Journal of International Law. This latest issue contains essays on Medellin v. Texas, which found that a Mexican national could not enforce rights won in the Avena decision before the International Court of Justice. (Mr. Medellin was executed on August 5.)
Essays include “Medellın’s New Paradigm for Treaty Interpretation” by David J. Bederman; “Intent, Presumptions, and Non-Self-Executing Treaties” by Curtis A. Bradley; “Revitalizing the U.S. Compliance Power” by Steve Charnovitz; and “Less than Zero?” by Carlos Manuel Vazquez.
This Journal also includes an essay by Petros C. Mavroidis entitled “No Outsourcing of Law? WTO Law as Practiced by WTO Courts.” The article explores the use of non-WTO sources in trade disputes. Another essay, “Regulatory Takings in Institutional Context: Beyond the Fear of Fragmented International Law,” is by Steven R. Ratner, who argues that "many worries about fragmentation of international law [regarding claims of regulatory expropriation in international investment dispute cases] are misplaced.”
There's also a special Editorial Comment on “Military Commissions: Constitutional Limits on Their Role in the War on Terror” by Detlev F. Vagts. The issue also includes four case reports, a section on the latest developments in contemporary U.S. practice relating to international law, and six book reviews.
As usual, it's another high-quality issue that makes membership in the ASIL essential for anyone teaching international law. But you all knew that already.
Hat tip to Sheila Ward