Author Archives: Ryan Scoville

On the Senate Letter to Iran

A few quick points on yesterday’s open letter from 47 Republican Senators to the government of Iran: (1) I don’t see legislative communications with foreign governments as categorically or even mostly unconstitutional, especially when Congress doesn’t purport to speak on behalf … Continue reading

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The Senkaku Islands and the Problem of Intertemporality

An underappreciated complexity in the dispute over the Senkaku Islands is that the merits of the competing claims don’t hinge exclusively on contemporary international law. One of the most central issues is whether the Senkakus were terra nullius when Japan … Continue reading

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Residency Venue in Cases with Foreign Corporate Defendants

A few years ago, Congress passed the Federal Courts Jurisdiction and Venue Clarification Act of 2011, in part to resolve, as the title suggests, uncertainties concerning the old venue statute. The effort succeeded in various regards, but Congress seems to have … Continue reading

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More Responses to the Dudden Op-ed

The New York Times just published a collection of thoughtful (and warranted) responses to Alexis Dudden’s recent op-ed on Japan’s territorial claims. I wrote earlier that Dudden’s piece disregards international law, and I stand by that. The responses contend that it also misinterprets the … Continue reading

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Some Historical Perspective on Netanyahu’s Address to Congress

Today there’s some interesting news from the realm of foreign relations law: Israeli Prime Minister Benjamin Netanyahu will give an address to Congress next month on the topic of Iran’s nuclear program, presumably to encourage legislators to support a hardline … Continue reading

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A Short Response to the Dudden Op-Ed

The New York Times published an op-ed today by University of Connecticut history professor Alexis Dudden, who criticizes the Japanese government for starting or at least intensifying territorial disputes with China, Korea, and Russia. Dudden contends that Japan’s territorial claims … Continue reading

Posted in International Law, Senkaku / Diaoyu Islands, Uncategorized, 尖閣諸島 | Tagged , , | 1 Comment

The Senkakus in the ICJ

The Japan Times published an article today reporting that, in Jerome Cohen’s view, Japan should take the dispute over the Senkaku Islands to the International Court of Justice. From Tokyo’s perspective, this could be a win-win: either China consents to jurisdiction, in … Continue reading

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Thoughts on Proposals for a Sino-Japanese Bargain

Commentary on the longstanding contest over the Senkaku/ Diaoyu Islands may be entering a new and more conciliatory phase. A lot of early scholarship focused on the zero-sum question of who has proper title under international law, but more recent analyses have … Continue reading

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Don’t Read the “Want China Times”

A few days ago I posted an essay at The Diplomat to report some of the things I learned about the Senkaku Islands during my recent trip to Japan. One part of that essay explained that the Yaeyama Islands are a … Continue reading

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Recommended Reading on U.S. Foreign Relations Law: 2014 Edition

With the end of the year approaching, I’ll share a list of 10 really good articles from 2014 on the subject of U.S. foreign relations law, somewhat broadly defined. These aren’t the only noteworthy articles, but each stood out to me … Continue reading

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