ruti teitel
New York Law School, Center for International Law, Faculty Member
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The most immediately striking aspect of the ICJ's recent ruling on Kosovo's unilateral declaration of independence is the divergence between what the Court actually said and how its decision is being read in the media and by... more
The most immediately striking aspect of the ICJ's recent ruling on Kosovo's unilateral declaration of independence is the divergence between what the Court actually said and how its decision is being read in the media and by political actors. Typically the Court is said to have found secession by Kosovo to be “legal” or “lawful” under international law. According to Kosovo President Fatmir Sejdiu, “The decision finally removes all doubts that countries which still do not recognize the Republic of Kosovo could have.” The angry reaction to the decision by Serbian nationalists likewise supposed that the Court had endorsed a right to secession. In fact, what the Court did was to read literally—and some would say narrowly or pedantically—the question it was asked, and thus to avoid opining on the major legal (and related policy) issues raised by the act of secession, including whether there is a right to proceed with a unilateral act of secession, and to whom such a right may or ...
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One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific... more
One of the most complex and uncertain areas of international legal doctrine concerns how to deal with the aspiration of a people to achieve self-determination through the establishment of a new state and the related claim to a specific territory over which statehood is to be exercised. Recently, when the General Assembly of the United Nations referred to the International Court of Justice the question of the legality of the declaration of independence by Kosovar Albanians, the Court was given an opportunity to clarify and develop the law on external self-determination. Instead, the Court answered extremely narrowly, confining its analysis to the legality of the act of declaration without determining any consideration of international legal norms applicable to the act of secession that was being proposed. This article intends to fill the gap left by the ICJ’s decision: first by critiquing the inadequacy and tensions visible in the existing doctrine and second by examining how recent ...
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The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing subfield, in international legal scholarship. The authors seek to question this trend. They argue that... more
The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing subfield, in international legal scholarship. The authors seek to question this trend. They argue that looking at the aspirations of international law through the lens of rule compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of inter‐national law to politics. Citing a range of examples from different areas of international law – ranging widely from international trade and investment to international criminal and humanitarian law – the authors seek to show how the concept of compliance (especially viewed as rule observance) is inadequate for understanding how international law has normative effects. A fundamental flaw of compliance studies is that they abstract fr...
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The 2018 ASIL panel on the question of corporate responsibility and human rights, and in particular, my remarks on corporate responsibility and transitional justice, preceded a long-awaited United States Supreme Court decision on the... more
The 2018 ASIL panel on the question of corporate responsibility and human rights, and in particular, my remarks on corporate responsibility and transitional justice, preceded a long-awaited United States Supreme Court decision on the question of whether foreign corporate responsibility for human rights abuses belonged in United States courts ending in a closely decided vote—dividing sharply along political lines, with the Court conservatives in splintered opinions deciding against such liability. A forceful dissent by the four liberals on the Court would have allowed the Alien Tort Claims Act (ACTA) claim to go forward.
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The Wages of Just War Ruti Teitelf Comment on Richard Arneson's Just Warfare Theory and Noncombatant Immunity Introduction 689 I. The Principle of Distinction and Contravening Convention 690 II. Contemporary Revisitings: ...
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Research Interests: Constitutional Law, European Law, Human Rights Law, Political Science, Liberalism, and 13 moreDiscrimination, Judicial review, Hate Speech, European Convention of Human Rights, Islam, Democracy, Freedom of Speech, Social Science Research Network, Europe, United States of America, transitional constitutionalism, Viewpoint Discrimination, and michigan law
240 Yale Journal of International Law [Vol. 19: 239 Soviet domination and its demise. Both cases also illustrate the problems involved in attempting to effect substantial change in a society through and within the law. Any resolution ...
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Humanity's Law: Rule of Law for the New Global Politics^ Ruti G. Teitelt This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic ...
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THEORETICAL AND INTERNATIONAL FRAMEWORKS TRANSITIONAL JUSTICE IN A NEW ERA Ruti G. Teitel* INTRODUCTION This Essay offers an evaluation of the status of transitional justice at the wake of the new century and millennium.1 ...