The Yale Law Journal - Forum: Treaty Denunciation and "Withdrawal" from Customary International Law: An Erroneous Analogy with Dangerous

The Yale Law Journal - Forum: Mandatory Versus Default Rules: How Can Customary International Law Be Improved? PRINT ARCHIVE FORUM SUBMISSIONS

for current doctrine. This Article uses unexamined historical sources to question this debate’s fundamental premise. It argues that

portions). At the same time, the doctrinal change they propose would take customary international law in

concerns the United States—treaties of the United States, executive agreements, customary international law norms and

and often misunderstood concept that has developed separately from, but directly feeds into, the customary international legal regime of

the forcible removal of the Archipelago’s indigenous population violated the fundamental right to self

2(4). 67 The holistic approach, however, would make clear that the fundamental reason why these acts

without a written constitution, written statutes, or any writing at all. If texts aren’t fundamental to originalism

The right of peoples to self-determination is a fundamental right in international

scrutiny. At its foundation, Paulsen’s essay rests on a pair of fundamental misconceptions of the

of hard decisions. One of the most difficult—and most fundamental—concerns whether courts should

collect evidence, and prepare strong cases. 28 Second, complementarity comports with the customary international-law principle favoring

sports clubs or artistic associations may be enriching and worthwhile, normally they are not fundamental to a

T he policy stakes are simply too high to allow such a fundamental question to rest

31 B. Human Rights at Stake The Operation Sophia territorial sea component risks violating fundamental international human rights protected

health mandates backed by government imprimatur or sanction. 26 These and many others are fundamental settlements of the

avoider. 21 Calabresi’s tort theory “[took] strict liability to be the fundamental principle of tort

be said to legally bind us. The question, then, has both something fundamental to teach

are a privilege only for good workers, rather than a fundamental right, every group of

lay the groundwork to invalidate securities regulation itself at a more fundamental level. The safer