Shervin Taheran illustrates the alarming trend of US presidents who indicate they can unilaterally withdraw from treaties without congressional approval. She argues the Executive Branch is not the “sole organ” to decide whether the United States can terminate a treaty. After examining international law pertaining to treaties, Taheran discusses how constitutional principles, textual evidence, historical… Continue reading Congressional and Supreme Court Restraints on Treaty Termination Carried Out at the President’s “Lowest Ebb” of Authority
Category: Foreign Policy
A Bellicose Founding Charter: The US and Providing for the “Common Defence”
In this book review, the author analyzes Akhil Reed Amar’s The Words That Made Us: America’s Constitutional Conversation, 1760-1840. Specifically, the author focuses on Amar’s central thesis—that the fundamental reason behind the US Constitution was national security—and how that should affect our reading of the Constitution today. The author concludes that Amar’s book is noteworthy… Continue reading A Bellicose Founding Charter: The US and Providing for the “Common Defence”
China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond
Unlike the United States or the European Union, China has adopted a unique approach that combines foreign investment law and anti-monopoly law to protect national security in merger transactions. Meirong Jin and Qian Li argue that anti-monopoly merger control has been an indispensable part of China’s national security protection framework, with four characteristics that make… Continue reading China’s Anti-Monopoly Merger Control and National Security: Interactions with Foreign Investment Law and Beyond