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From:American Journal of International Law (Vol. 101, Issue 3) Peer-ReviewedContemporary Issues in the Law of Treaties. By Malgosia Fitzmaurice and Olufemi Elias. Utrecht: Eleven International Publishing, 2005. Pp. xvi, 387. Index. 75. Does international law operate as a coherent, unitary...
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From:American Journal of International Law (Vol. 114, Issue 4) Peer-ReviewedTreaties and Their Practice--Symptoms of Their Rise or Decline. By Georg Nolte. The Hague, Netherlands: Brill Nijhoff, 2018. Pp. 277. doi: 10.1017 iajil.2020.53 How should international lawyers understand the modern...
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From:Notre Dame Law Review (Vol. 90, Issue 4)INTRODUCTION How does the Constitution limit the subject matter of the U.S.'s treaties? For decades, conventional wisdom adopted a textual emphasis--prohibitions and other limits on federal authority listed in the...
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From:Notre Dame Law Review (Vol. 90, Issue 4)III. TESTING FOR INTERSUBJECTIVE UNDERSTANDINGS OF THE "INTERNATIONAL" How do we perform an intersubjective international concern test? The approach is relatively straightforward: we ask if the relevant set of actors...
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From:American Journal of International Law (Vol. 110, Issue 3) Peer-ReviewedOn February 16, 2016, a U.S. court ordered Apple to circumvent the security features of an iPhone 5C used by one of the terrorists who committed the San Bernardino shootings. (1) Apple refused. It argued that breaking...
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From:American Journal of International Law (Vol. 110, Issue 3) Peer-ReviewedThe Dynamic Character of Norms: The Process Is the Product Norm cultivation culminates when the content of the norm becomes, well, normal--when the norm becomes so taken-for-granted that actors simply assume it as a...