Thursday, January 28, 2010

Conference: Withdrawing from International Custom

On Saturday, January 30th, the Duke University School of Law Center for International & Comparative Law will host a scholarship roundtable. The topic is a paper by Curtis A. Bradley and G. Mitu Gulati: Withdrawing from International Custom. Participants have prepared short "think pieces" to help frame the discussion. Here are the participants and their papers:
  • Justifications for and History of the Mandatory View
    • Andreas Paulus, In Defense of Customary International Law
    • Amanda Perreau-Saussine, Changing the Rules
    • Anthea Roberts, Reflections on Bradley & Gulati’s Paper
    • Edward Swaine, Comment on Bradley and Gulati
  • How Customary International Law Develops and Evolves
    • David Bederman, Acquiescence, Objection and the Death of Customary International Law
    • Rachel Brewster, Withdrawing from Custom Through Treaty
    • Samuel Estreicher, Comments on Bradley & Gulati
    • Christiana Ochoa, The Rule of Law, and the CIL Formation, Modification and Disintegration Process
  • Considerations of Efficiency and Design
    • Eugene Kontorovich, Inefficient Customs in International Law
    • Vincy Fon & Francesco Parisi, Stability and Change in International Customary Law
    • Larry Helfer, Comments on Bradley & Gulati
    • Joel Trachtman, Notes on How Persistent Objectors Play Chicken with Public Goods
  • Domestic Application of Customary International Law
    • Anthony Bellia & Bradford Clark, The Political Branches and the Law of Nations
    • John McGinnis, Domestic and Asymmetrical Withdrawal Rights from Custom
    • Paul Stephan, Disaggregating Customary International Law