Constitutional Law, International Law, and the State

Constitutional Law, International Law, and the State

Many international law scholars are skeptical about the efficacy of international law to shape state behavior—and even international law's reality as law—because it lacks a centralized hierarchical legislature, executive branch, or judiciary. In his new book, “Law for Leviathan: Constitutional Law, International Law, and the State,” Daryl Levinson of NYU Law School challenges this conception of international law by arguing that it is structurally similar to domestic constitutional law in its ability to constrain states and in its strategies for doing so.

Jack Goldsmith sat down with Levinson to discuss the challenge of regulating the state through both international law and constitutional law and what constitutional law theory can learn from international relations theory about how this happens. They also discussed how IR balance of power theory is like Madison's conception of constitutionalism, the implications for his theory for understanding how to hold states accountable for illegal action, and how to think about these ideas in light of the ostensible waning of state power in the modern era.

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Episoder(2885)

Lawfare Daily: The State of Syria, with Charles Lister

Lawfare Daily: The State of Syria, with Charles Lister

For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with Charles Lister, a senior fellow at the Middle East Institute and head of its Syria Initiative, to talk about the dramatic de...

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Rational Security: The “Stop Cap” Edition

Rational Security: The “Stop Cap” Edition

This week, Scott sat down with his Lawfare colleagues Kate Klonick, Molly Roberts, and Troy Edwards to talk through the week’s big national security news stories, including:“MisAnthropic.” On Monday, ...

12 Mar 1h 13min

Lawfare Daily: Matt Olsen Talks Iran, the Justice Department, and FISA 702

Lawfare Daily: Matt Olsen Talks Iran, the Justice Department, and FISA 702

Former Assistant Attorney General for National Security Matt Olsen joins Lawfare Editor in Chief Benjamin Wittes to discuss the terrorist threat from Iran, the shocking lack of preparedness for Irania...

12 Mar 45min

Lawfare Daily: Does the U.S. Have a Drone Defense Problem?

Lawfare Daily: Does the U.S. Have a Drone Defense Problem?

On today’s episode, Lawfare’s Ukraine Fellow Anastasiia Lapatina talks to Fabian Hoffman, a missile expert and author of Missile Matters, and senior Ukrainian drone instructor Pavlo Litovkin about Ira...

11 Mar 44min

Lawfare Daily: “I’m angry that I exist”: Nihilistic Violent Extremism with Seamus Hughes and Jacob Ware

Lawfare Daily: “I’m angry that I exist”: Nihilistic Violent Extremism with Seamus Hughes and Jacob Ware

Seamus Hughes, a senior research faculty member at the University of Nebraska-Omaha’s National Counterterrorism Innovation, Technology, and Education Center and a contributing editor at Lawfare, and J...

10 Mar 44min

Lawfare Daily: The Trials of the Trump Administration, March 6

Lawfare Daily: The Trials of the Trump Administration, March 6

In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Roger Parloff, Molly Roberts, and Alan Rozenshtein, and Lawfare Public Service Fellow Tr...

9 Mar 1h 38min

Lawfare Archive: The National Security Law Podcast Guys Talk Soleimani

Lawfare Archive: The National Security Law Podcast Guys Talk Soleimani

From January 11, 2020: As part of Lawfare's continuing coverage of the killing of Iranian Quds Force leader Qassem Soleimani, we are bringing you an edited version of the latest episode of the Nationa...

8 Mar 1h 14min

Lawfare Archive: Hezbollah, Lebanon, Israel, Iran

Lawfare Archive: Hezbollah, Lebanon, Israel, Iran

From October 2, 2024: Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Leba...

7 Mar 56min

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