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Author Archives: Ryan Scoville
Finding Customary International Law
I just posted the final, published version of my paper Finding Customary International Law, which came out in the Iowa Law Review last month. It’s available here.
The South China Sea Arbitration: Implications for the Senkaku Islands
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 the UN Convention on the Law of the Sea because they “cannot sustain … Continue reading
Posted in International Law, Senkaku / Diaoyu Islands, 尖閣諸島
Tagged Diaoyu Islands, Rocks, Senkaku Islands, South China Sea Arbitration, UNCLOS
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How Cosmopolitan Are International Law Professors?
Milan Markovic (Texas A&M) and I just posted a new piece about U.S. professors of international law. Here’s the abstract: This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views … Continue reading
New Article on International Legal Education
I recently posted a draft of a new article on international legal education. The article examines the curriculum of virtually every law school in the world in order to identify global trends in the teaching of international law, and then theorizes … Continue reading
International Law from a Cuban Perspective
Recently I returned from a trip to Cuba, where I had the opportunity to interview Celeste Pino Canales, a highly regarded professor of public international law at the University of Havana. I pursued the interview for a couple of reasons. … Continue reading
Posted in International Law
Tagged Comparative International Law, Cuba, Legal Education
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New Data on Incursions into Waters Surrounding the Senkaku Islands
The Japanese Coast Guard just released some new data on the “numbers of Chinese government and other vessels that entered Japan’s contiguous zone or intruded into [the] territorial sea surrounding the Senkaku Islands.” Here they are: I see two noteworthy trends: … Continue reading
New Article on Customary International Law
I just posted a draft of a new article that studies citations in published judicial opinions to evaluate how federal courts go about ascertaining customary international law. For those interested, it’s forthcoming in the Iowa Law Review and available here.
Legislative Diplomacy After Zivotofsky
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. Given precedents like Curtiss-Wright, … Continue reading
The Role of Foreign Perceptions in Zivotofsky v. Kerry
One of the noteworthy disagreements in Zivotofsky concerns the significance of foreign perceptions of U.S. law. The majority suggested the risk of misperception is relevant as a type of functionalist consideration: Pointing to evidence that § 214(d) drew objections from Palestine and … Continue reading
Further U.S. Assurances on the Senkaku Islands
Prime Minister Abe’s official visit to the United States seems to have been successful in at least one respect: he obtained additional assurances that the U.S.-Japan security treaty covers the Senkaku Islands. On April 28th, President Obama stated that “our treaty … Continue reading
Posted in Senkaku / Diaoyu Islands, 尖閣諸島
Tagged Diaoyu Islands, Senkaku Islands, U.S-Japan Security Treaty
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Ryan Scoville 