Curtis A. Bradley

Unpacking Third-Party Standing

This Article “unpacks” the doctrine of third-party standing. First, it identifies true third-party standing problems by distinguishing them from first-party claims, largely by reference to the “zone of interests” concept. Second, it distinguishes among three types of parties invoking third-party standing: directly regulated parties, collaterally injured parties, and representative parties.

Mandatory Versus Default Rules: How Can Customary International Law Be Improved?

Withdrawing from International Custom

120 Yale L.J. 202 (2010).  Treaties are negotiated, usually written down, and often subject to cumbersome domestic ratification processes. Nonetheless, nations often have the right to withdraw unilaterally from them. By contrast, the conventional wisdom is that nations never have the legal right to withdraw unilaterally from the unwritten rules of customary international law (CIL), a proposition that we refer...