Customary International Law
133 Articles
The Treaty on the Prohibition of Nuclear Weapons and its Limited Impact on the Legality of their Use
On October 24, 2020, following Honduras’ ratification, the UN announced the Treaty on the Prohibition of Nuclear Weapons (TPNW) would enter into force on January 22, 2021. Accompanying…
Nestlé & Cargill v. Doe Series: A Canadian Perspective – Takeaways from Nevsun Resources Ltd. v. Araya.
As the U.S. Supreme Court wrestles with corporate immunity for human rights abuses abroad, they may find a parallel Canadian case – in which the Supreme Court of Canada opened…
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
How to Elevate the Status of Human Rights – at Home and Abroad – in a Biden-Harris White House
In these last days of the outgoing administration’s four-year assault on basic international norms, advocates have been issuing detailed recommendations for how the Biden-Harris…
Nestlé & Cargill v. Doe Series: Mapping Amici Arguments
The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…
COVID-19 and International Law Series: Human Rights Law – Right to Life
[Editor’s Note: This article is part of a Just Security series, COVID and International Law. All articles in the series can be found here.] COVID-19 continues to grow at…
The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings
In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…
COVID-19 and International Law Series: International Humanitarian Law – Humanitarian Access
As COVID-19 spreads unchecked in war-torn areas around the world, the international humanitarian law principle of humanitarian access has become more urgent than ever. Local health…
Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp
Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
Oxford Statement on International Law Protections Against Foreign Electoral Interference through Digital Means
"A short list of consensus protections that apply under existing international law to foreign cyberoperations with adverse consequences on electoral processes." Now open for signature.
Finland Sets Out Key Positions on International Cyber Law
Analysis of the Government of Finland's new statement on international law in cyberspace.
Estrangement Over Engagement: How the Trump Administration is Bucking Bipartisan Human Rights Diplomacy at the UN
The practice of the Trump administration turning its back on rights at the United Nations goes well beyond the Human Rights Council.