A central aspect of the Center’s mission is to promote and disseminate scholarship on international law, foreign affairs law, and national security law. Our Center offers law school faculty, Center fellows, and students a forum to present their work, encourages collaboration on shared initiatives, and supports the dissemination of ideas to the policy community outside academia. Our publications include articles and books, white papers, and legal briefs.

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Gerard C. and Bernice Latrobe Smith Professor of International Law Oona Hathaway ’97 submitted an amicus curiae brief on behalf of the Center for Global Legal Challenges in the Supreme Court case of Joseph Jesner, et. al., v. Arab Bank, PLC.

At issue in the Jesner case is whether corporations may be held liable under the Alien Tort Statute (ATS), 28 U.S.C. § 1350. The ATS provides aliens a federal cause of action for torts “committed in violation of the law of nations or a treaty of the United States.” In support of petitioners, the Center for Global Legal Challenge’s brief shows that the ATS grants jurisdiction for crimes committed by corporate entities. The brief consists of a norm-by-norm analysis of eight crimes under international law, three of which are at issue in Jesner itself. These crimes include genocide, crimes against humanity, financing terrorism, torture, extrajudicial killing, war crimes, slavery, and piracy. The brief demonstrates that each crime is sufficiently specific, universal, and obligatory to meet the standard enunciated by the Court in the 2004 case of Sosa v. Alvarez-Machain, and that the prohibition applies to corporations.

In preparing the amicus brief, Professor Hathaway was assisted by Sarah Weiner ’17, Chris Looney ’19, Joe Schottenfeld ’19, Aisha Saad ’18, Paul Strauch ’18, Beatrice Walton ’18, Carrie O'Connor ‘19, and Hillary Aidun ’17. Read more…

Oona Hathaway, Julia Brower, Ryan Liss, Tina Thomas, & Jacob Victor, Consent-Based Humanitarian Intervention, 46 Cornell International Law Journal 499 (2013)

Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, and Sirine Shebaya The Power to Detain: Detention of Terrorism Suspects After 9/11, Yale Journal of International Law (2013)

Oona Hathaway, Aileen Nowlan & Julia Spiegel,  Tortured Reasoning: The Intent to Torture Under International and Domestic Law, 52 Virginia Journal of International Law 791 (2012)

Oona Hathaway, Human Rights Abroad: When Do Human Rights Treaty Obligations Apply Extraterritorially? Ariz. St. L.J. 43. 2013

Oona A. Hathaway, Sabria McElroy, Sara Aronchick Solow, International Law at Home: Enforcing Treaties in U.S. Courts, Yale Journal of International Law, 2012

Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, Aileen Nowlan, William Perdue, Julia Spiegel, The Law Of Cyber-Attack, California Law Review, 2012

Oona A. Hathaway, Rebecca Crootof, Philip Levitz, Haley Nix, William Perdue, Chelsea Purvis, Julia Spiegel, The Relationship Between International Humanitarian Law and Human Rights Law in Armed Conflict, Minnesota Law Review, 2012

Oona Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen, Haley Nix, John Paredes, and Sally Pei, The Treaty Power: Its History, Scope, and Limits, Cornell Law Review, 2012

Oona Hathaway, Samuel Adelsberg, Spencer Amdur, Philip Levitz, Freya Pitts, And Sirine Shebaya, The Power To Detain: Detention Of Terrorism Suspects After 9/11, forthcoming Yale Journal Of International Law 2012

Emily Chertoff, Lara Domínguez, Zachary Manfredi, Peter Tzeng, State Responsibility for Non-State Actors That Detain In The Course of a NIAC (2015)

Sarah Weiner, The Applicability of International and Domestic Immigration Law to Relocated Guantanamo Detainees (2015)

Zachary Manfredi, Common Article 1 and Duty to “Ensure Respect” (2015)

Daniel Hessel, Julia Shu, Sarah Weiner, Below the Threshold: The Law Governing the Use of Force Against Non-State Actors in the Absence of a Non-International Armed Conflict (2015)

Eric Chung, General Principles Regarding the Legal Validity of RUDs (2015)

Julie Brower, State Practice on Sovereign Immunity in Employment Disputes Involving Embassy and Consular Staff (2015)

Ryan Liss, The Internationally Protected Persons: The Status of Consular Employees (2012)

Julia Brower, Christina Koningisor, Ryan Liss, and Michael Shih, UNCLOS Dispute Settlement in Context: The United States’ Record in International Arbitration Proceedings (2012)

Carlton Forbes & Jacob Victor, EU Privacy Regulation: Implications for U.S. and EI Law Enforcement (2012)

Aadhithi Padmanabhan, Tina Thomas & Jacob Victor, Optimal Deterrence: An Evaluation of the Leaks-Regulating Regime (2012)

Christina Koningisor, The Meaning of “Assist, Encourage, or Induce,” in the Weapons Ban Context (2012)

Aadhithi Padmanabhan & Michael Shih, Collective Self-Defense (2012)

Julia Brower, Ryan Liss, Tina Thomas, & Jacob Victor, Historical Examples of Unauthorized Humanitarian Intervention (2013)

Oona A. Hathaway, Elizabeth Nielsen, Chelsea Purvis, Saurabh Sanghvi, Sara Solow, Arms Trafficking: The International And Domestic Legal Framework (2011)

Chelsea Purvis, The Role Of The Committee To The Convention On The Elimination Of All Forms Of Discrimination Against Women (2011)

Saurabh Sanghvi, Lessons from the Past for Foreign Sovereign Immunity After Samantar v. Yousuf (2011)

Oona A. Hathaway, Haley Nix, Saurabh Sanghvi, Sara Solow, Tacit Amendments (2011)

Joseph Jesner, et. al., v. Arab Bank, PLC, Brief of Yale Law School Center for Global Legal Challenges as Amicus Curiae in Support of Respondent. United States Supreme Court (July 2017)

Carol Anne Bond v. United States of America, Brief of Yale Law School Center for Global Legal Challenges as Amicus Curiae in Support of Respondent. United States Supreme Court (October 2012).

Esther Kiobel, et al. v. Royal Dutch Petroleum Co., et al.; Asid Mohamad, et al. v. Palestinian Authority, et al., Brief Of Yale Law School Center For Global Legal Challenges as Amicus Curiae In Support Of Petitioners

Esther Kiobel, et al. v. Royal Dutch Petroleum Co., et al., Supplemental Brief Of Yale Law School Center For Global Legal Challenges as Amicus Curiae In Support Of Petitioners

Ghaleeb Nassar v. Barack Obama, Brief for Non Governmental Organizations and Scholars as Amici Curiae in Support of Rehearing or Rehearing en Banc

Jamal Kiyemba, Next Friend, et al. v. Barak Obama, President of the United States, et al., Brief of International Law Experts as Amici Curiae in Support of Petitioners, United States Supreme Court (December 2009)