International Law Outline

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El-Masri v. US – 4th Cir. 2007 (Packet I, p. 50) – German citizen rendered by CIA.

  1. Court upheld government’s state secrets privilege – dismissed action

    1. To prevail, EM would have to produce evidence about how CIA supervises, organizes, and staffs super sensitive intelligence operations.

  • Arar v. Ashcroft – 2d Cir. 2008 (Packet I, p. 50) – Canadian rendered to Jordan, driven to Syria. Tortured in Syria, despite US diplomatic assurances that Arar would not be tortured.

    1. Dismissed – litigation would necessitate disclosure of classified information.

      1. Problem with federal subject matter jurisdiction

  • Obama Executive Orders

    1. Special interagency task force reviewing rendition practices.

  • Session 12 – Civil and Political Rights (Individual International Rights, Part One)

    1. Historical Development of individual rights in international law

      1. Traditionally – obligation to treat foreign nationals in jx with minimum standard of justice

        1. No obligation to ADMIT, but once admitted, must act accordingly

        2. Foreign nationals must also accept legal regime of state they’re in

          1. If state injures foreign national, state may incur international responsibilities, but can’t be claimed by individual, only by their state.

          2. Directory: sites -> default -> files -> upload documents
            upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
            upload documents -> Federalism – The Structure of Government
            upload documents -> General Info About Property law
            upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
            upload documents -> Property with Professor Vicki Been
            upload documents -> Property Outline – Professor Upham, Spring 2000
            upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
            upload documents -> Complex federal investigations
            upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
            upload documents -> Pricing v. Sanctions

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