Robert D. Sloane

Professor of Law

R. Gordon Butler Scholar in International Law

BA magna cum laude, Columbia College
JD, Yale University
Diploma, Hague Academy of International Law

Areas of Interest
Foreign Relations & National Security Law, International Criminal Law, Law of War
Contact
Biography

After receiving his JD in 2000, Professor Robert D. Sloane worked for the International Committee of Lawyers for Tibet (now known as Tibet Justice Center) under the auspices of Yale Law School’s Robert L. Bernstein Fellowship in International Human Rights. He led fact-finding missions to Nepal, India, and Tibet; wrote submissions for the UN Commission on Human Rights and human rights treaty bodies; represented asylum seekers; and published several reports and law journal articles on human rights. Professor Sloane then served two clerkships, first for Judge Robert D. Sack of the United States Court of Appeals for the Second Circuit and then for Judge Gerard E. Lynch of the United States Court of Appeals for the Second Circuit (formerly of the United States District Court for the Southern District of New York). He also practiced international law at Debevoise & Plimpton in New York, where he focused on international arbitration and litigation and worked on, among other cases, the Avena litigation before the International Court of Justice, challenging the convictions of Mexican nationals on death row based on violations of the Vienna Convention on Consular Relations.

Professor Sloane continues to practice international law periodically as a consultant and has worked on arbitrations conducted under the auspices of the International Tribunal for the Law of the Sea, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and specialized tribunals, as well as assisting with the preparation of expert opinions for foreign sovereigns and multinational corporations. He also practices international human rights law on a pro bono basis, chiefly in his capacity as a member of the Advisory Council of Tibet Justice Center, a non-governmental organization that seeks to promote self-determination and human rights for the Tibetan people through legal advocacy.

Before joining Boston University School of Law, Professor Sloane served as a visiting lecturer-in-law and Orville H. Schell, Jr. Fellow at Yale Law School, where he taught international human rights and international arbitration, and as an associate-in-law at Columbia Law School.

Professor Sloane’s scholarship focuses on international law and related fields including national security and foreign relations law, the law of war, international criminal law, jurisprudence, international dispute resolution.

His 2009 article “The Cost of Conflation: Preserving the Dualism of Jus ad Bellum and Jus in Bello in the Contemporary Law of War,” published in Volume 34 of the Yale Journal of International Law, received the Lieber Prize, awarded by the American Society of International Law’s Francis Lieber Society for outstanding scholarship in the field of the law of armed conflict by an author under the age of 35. His 2007 article “Prologue to a Voluntarist War Convention,” published in Volume 106 of the Michigan Law Review, received a certificate of merit from the Francis Lieber Society based on the same criteria. In 2013, he was awarded the Francis Deák Prize for “On the Use and Abuse of Necessity in the Law of State Responsibility,” published in Volume 106 of the American Journal of International Law, awarded by the American Society of International Law for meritorious scholarship in the journal by a younger author. Professor Sloane’s current work focuses on foreign relations law, the uses of ideology in international law, the law of war, and international criminal law.

In 2007, Professor Sloane received a high-level diploma in public international law from the Hague Academy of International Law.

Professor Sloane has been a visiting professor at the University of Michigan Law School (Spring 2010); Harvard Law School (Spring 2011), where he served as the John Harvey Gregory Lecturer in World Organization; the Fletcher School of Law and Diplomacy of Tufts University (2012); and Yale Law School (Spring 2014).

Professor Sloane is an elected member of the American Law Institute and serves on the Members Consultative Group for the Restatement (Fourth) of Foreign Relations Law. In 2013, Boston University named him the R. Gordon Butler Scholar in International Law.

Publications
  1. Robert Sloane, review of Stephen M. Griffin, Long Wars and the Constitution, Harvard University Press (2013), 110 American Journal of International Law (forthcoming).
  2. Non-Military Techniques: Economic Warfare, Propaganda, Diplomacy, and Other Non-Military Instruments of Statecraft, Robert Sloane, ed., BRILL/Nijhoff (forthcoming). Series: American Classics in International Law, W. Michael Reisman, editor-in-chief.
  3. Robert Sloane & Michael J. Glennon, Foreign Affairs Federalism: The Myth of National Exclusivity, Oxford University Press (2016).
    Publisher
  4. Robert Sloane & Michael J. Glennon, "The Sad, Quiet Death of Missouri v. Holland: How Bond Hobbled the Treaty Power," 41 Yale Journal of International Law 51 (2016).
    BU
  5. Robert Sloane, "Puzzles of Proportion and the “Reasonable Military Commander”: Reflections on the Law, Ethics, and Geopolitics of Proportionality," 6 Harvard National Security Journal 299 (2015).
    BU
  6. Robert Sloane, "Three Problems with the ‘As-If’ Thesis of Proportionality," Boston University International Law Journal Online (Sep 24, 2014).
    Publisher
  7. Robert Sloane, "Tibetan Diaspora in the Shadow of the Self-Immolation Crisis: Consequences of Colonialism," in Still Waiting for Tomorrow: The Law and Politics of Unresolved Refugee Crises 55, Susan Akram & Tom Syring, eds., Cambridge Scholars Publishing (2014). Publisher
  8. Robert Sloane, review of James Q. Whitman, The Verdict of Battle: The Law of Victory and the Making of Modern War, Harvard University Press (2012), 107 American Journal of International Law 972 (2013). SSRN | BU
  9. Robert Sloane, "The International Criminal Tribunal for Rwanda," in The Rules, Practice, and Jurisprudence of International Courts and Tribunals 261, Chiara Giorgetti, ed., Martinus Nijhoff Publishers (2012). SSRN
  10. Robert Sloane, "On the Use and Abuse of Necessity in the Law of State Responsibility," 106 American Journal of International Law 447 (2012).
    SSRN | BU
  11. Robert Sloane, "Taking Stock Ten Years In: COIN, Casualties, and Costs in the Long War - An Introduction," 30 Boston University International Law Journal 565 (2012).
  12. Robert Sloane, "Tibet, Cynical Sinicism, and the Tragedy of Self-Immolations," East Asia Forum (May 9, 2012).
    Publisher
  13. Robert Sloane, Mahnoush Arsanjani, Jacob Katz Cogan & Siegfried Wiessner, "Introduction," in Looking to the Future: Essays on International Law in Honor of W. Michael Reisman xv, Mahnoush Arsanjani, Jacob Katz Cogan & Siegfried Wiessner, eds., Martinus Nijhoff (2011).
  14. Looking to the Future: Essays on International Law in Honor of W. Michael Reisman, Robert Sloane, Mahnoush Arsanjani, Jacob Katz Cogan & Siegfried Wiessner, eds., Martinus Nijhoff (2011).
    Publisher
  15. Robert Sloane, "More Than What Courts Do: Jurisprudence, Decision, and Dignity--In Brief Encounters and Global Affairs," in Looking to the Future: Essays on International Law in Honor of W. Michael Reisman 261, Mahnoush Arsanjani, Jacob Katz Cogan & Siegfried Wiessner, eds., Martinus Nijhoff (2011). Originally published in 34 Yale Journal of International Law 517 (2009).
  16. Robert Sloane, "Puzzles of Proportion: Ethics, Rhetoric, and the Political Foundations of Proportionality in Asymmetric Warfare," in Symposium New Battlefields/Old Laws: Shaping a Legal Environment for Counterinsurgency, 105 American Society of International Law Proceedings 370 (2011).
  17. Robert Sloane, "The Puzzling Persistence of Curtiss-Wright-Based Theories of Executive Power," 37 William Mitchell Law Review 5072 (2011).
    SSRN
  18. Tibet's Stateless Nationals II: Tibetan Refugees in India, Tibet Justice Center, (2011).
    Publisher
  19. Robert Sloane, "Human Rights for Hedgehogs?: Global Value Pluralism, International Law, and Some Reservations of the Fox," in Symposium Justice for Hedgehogs: A Conference on Ronald Dworkin's Forthcoming Book, 90 Boston University Law Review 975 (2010).
    SSRN | Publisher
  20. Robert Sloane, review of Aaron Fichtelberg, Law at the Vanishing Point, Ashgate (2008), 104 American Journal of International Law (2010). BU
  21. Robert Sloane, "Breaking the Genuine Link: The Contemporary International Legal Regulation of Nationality," 50 Harvard International Law Journal 1 (2009).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  22. Robert Sloane & Gary Lawson, "The Constitutionality of Decolonization by Associated Statehood: Puerto Rico's Legal Status Reconsidered," 50 Boston College Law Review (2009).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  23. Robert Sloane, "The Cost of Conflation: Preserving the Dualism of Jus Ad Bellum and Jus in Bello in the Contemporary Law of War," 34 Yale Journal of International Law 47 (2009).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  24. Robert Sloane, "More Than What Courts Do: Jurisprudence, Decision, and Dignity--In Brief Encounters and Global Affairs," 34 Yale Journal of International Law (2009).
    SSRN | HeinOnline (BU) | HeinOnline
  25. Robert Sloane, review of Mark Drumbl, Atrocity, Punishment, and International Law, Cambridge University Press (2007), 102 American Journal of International Law 197 (2008). Westlaw | SSRN | Lexis Advance
  26. Robert Sloane, review of Beth Van Schaack & Ronald C. Slye, International Criminal Law and Its Enforcement, Foundation Press (2007), 6 Journal of International Criminal Justice 399 (2008). [Book Note]Westlaw
  27. Robert Sloane, "The Scope of Executive Power in the Twenty-First Century: An Introduction," 88 Boston University Law Review 341 (2008).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  28. Robert Sloane, "Sentencing," in The Oxford Companion to International Criminal Justice 509, Antonio Cassese, ed., Oxford University Press (2008).
  29. Robert Sloane, "The Expressive Capacity of International Punishment: The Limits of the National Law Analogy and the Potential of International Criminal Law," 43 Stanford Journal of International Law 39 (2007). Reprinted as abridged in Crime and Punishment: Emerging Trends, K. Prassana Rani, ed., Amicus Books, ICFAI University Press (2008). Reprinted in full in The Globalization of Criminal Justice 315, Michael Bohlander, ed., Ashgate Publishing Limited (2010).
    Westlaw | SSRN | HeinOnline (BU) | HeinOnline
  30. Robert Sloane, "The Policies of State Succession: Harmonizing Self-Determination and Global Order in the Twenty-First Century," review of Tai-Heng Cheng, State Succession and Commercial Obligations, Transnational Publishers Inc. (2006), 30 Fordham International Law Journal 1288 (2007). SSRN | Lexis Advance
  31. Robert Sloane, "Prologue to a Voluntarist War Convention," 106 Michigan Law Review 443 (2007). Reprinted as abridged in War Crimes and Law ___, Anila V. Menon, ed., Amicus Books, ICFAI University Press (2008).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  32. Robert Sloane, "Sentencing for the 'Crime of Crimes': The Evolving 'Common Law' of Sentencing of the International Criminal Tribunal for Rwanda," 5 Journal of International Criminal Justice 713 (2007).
    Westlaw | SSRN
  33. Robert Sloane & W. Michael Reisman, "Future Status Options and Processes for Preserving the Right to Self-Determination of the Commonwealth of Puerto Rico," in S. Hrg. 109-796, Puerto Rico 99, Committee on Energy and Natural Resources United States Senate (2006). [A Study Prepared for the Status Commission of the Popular Democratic Party of Puerto Rico]
  34. Robert Sloane, "AEDPA's 'Adjudication on the Merits' Requirement: Collateral Review, Federalism, and Comity," 78 St. John's Law Review 615 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  35. Robert Sloane & W. Michael Reisman, "Indirect Expropriation and its Valuation in the BIT Generation," 74 British Yearbook of International Law 115 (2004).
    SSRN
  36. Robert Sloane, "Measures Necessary to Ensure: The ICJ's Provisional Measures Order in Avena and Other Mexican Nationals," 17 Leiden Journal of International Law 673 (2004).
    SSRN
  37. Robert Sloane, "An Offer of Firm Resettlement," 36 George Washington International Law Review 47 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  38. Robert Sloane, "The Changing Face of Recognition in International Law: A Case Study of Tibet," 16 Emory International Law Review 107 (2002).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  39. Robert Sloane, Helen Brundige, Shaheena Anwari Ahmad & Diane Curran, Tibet's Stateless Nationals: Tibetan Refugees in Nepal, Tibet Justice Center, (2002).
    Publisher
  40. Robert Sloane & Alison D. Morantz, Designing and Implementing an Effective Legal Strategy for the Enforcement of a Vaccine Purchase-Commitment Contract, World Health Organization, (2001).
  41. Robert Sloane et al., A Generation in Peril: The Lives of Tibetan Children under Chinese Rule, International Committee of Lawyers for Tibet, (2001).
    Publisher
  42. Robert Sloane et al., Jampa: the Story of Racism in Tibet, International Campaign for TIbet, (2001).
    Publisher
  43. Robert Sloane, "Outrelativizing Relativism: A Liberal Defense of the Universality of International Human Rights," 34 Vanderbilt Journal of Transnational Law 527 (2001). Excerpted in International Law Today: A Handbook, A. D'Amato & J. Abbassi eds., West Group (2006).
    Westlaw | SSRN | Lexis Advance | HeinOnline (BU) | HeinOnline
  44. Robert Sloane, W. Michael Reisman & Monica Hakimi, "Procedures for Resolving the Kosovo Problem," United Nations Association (2001). [Address to the United Nations Association]
  45. Robert Sloane & W. Michael Reisman, "The Incident at Cavalese and Strategic Compensation," 94 American Journal of International Law 505 (2000).
    Westlaw | SSRN | Lexis Advance
  46. Robert Sloane, Torture in Tibet: A Report to the U.N. Committee Against Torture, United Nations Committee Against Torture, (2000).
  47. Robert Sloane, Rosa Ehrenreich, Clovene Hanchard & Glenn McGrory, 'Nobody's Children': Jamaican Children in Police Lock-ups and Government Institutions, Human Rights Watch, (1999).
    Publisher
  48. Robert Sloane, S. Benesch, Glenn McGrory & C. Rodriguez, "International Customary Law and Antipersonnel Landmines: Emergence of a New Customary Norm," in Landmine Monitor Report 1999: Toward a Mine-Free World, , International Campaign to Ban Landmines (1999).
Courses

3 credits

This seminar will explore the history, origins, and principal theories of democratic government, with a particular focus on the meaning and role of the rule of law. Topics within this rubric may include social contract theory; U.S. Constitutional, parliamentary, and alternative forms of democracy; the economic, social, and cultural prerequisites for democracy; the role of social norms, ideology, and civic virtue in the functioning and persistence of democratic polities; conceptions of the rule of law and individual rights within the framework of majoritarian government; the influence of disparate power and wealth; democracy promotion and the putative emerging right to democratic governance in international law; contemporary challenges to democracy; and the future of democracy. Class participation, periodic reaction papers, and a term paper will be required. NOTE: A limited number of students will be permitted to satisfy the upper-class writing requirement with this seminar. GRADING NOTICE: This class will not offer the CR/NC/H option. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2015: LAW JD 848 A1 , Sep 3rd to Dec 3rd 2015
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Robert D. Sloane LAW

3 credits

This seminar will explore the crimes for which individuals incur direct criminal liability under contemporary international law, as well as selected major issues in transnational cooperation and arrangements for the prosecution of crimes that transcend national borders. In particular, it will consider (i) what crimes qualify as international in this sense, general principles of international criminal jurisdiction, and the historical evolution of the field from its genesis after World War I to Nuremburg to the permanent International Criminal Court established in 2002; (ii) the statutory and tribunal jurisprudence defining the nature and scope of liability for core international crimes, viz., genocide, crimes against humanity, and war crimes; (iii) modern debates over other, often controversial, international crimes, including aggression and terrorism; (iv) the minimal requirements and forms of individual criminal responsibility for international crimes; and (v) selected defenses and immunities. Prior knowledge of or coursework in international law would be helpful but is not a pre- or co-requisitie. A limited number of students may, with the instructor's permission, fulfill the upper-class writing requirement through this seminar. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

SPRG 2017: LAW JD 996 A1 , Jan 19th to Apr 20th 2017
Days Start End Credits Instructors Bldg
Thu 4:20 pm 6:20 pm 3 Robert D. Sloane

3 credits

This course will introduce the framework of constitutional, statutory, and international law that both authorizes and constrains the conduct of U.S. national security policy. After studying the constitutional allocation of foreign affairs powers among the branches of government and the foundations of the national security apparatus in the United States, the course will turn to selected topics of contemporary relevance, including but not limited to counter-terrorism policy. Specific topics will include the role of international law in the U.S. legal system; intelligence methods, data gathering, and surveillance; covert action; domestic and international law governing recourse to force and the conduct of hostilities; the detention, interrogation, and trial, before courts and military commissions, of unprivileged belligerents and other terrorism suspects; debates over extraordinary rendition and torture; and the protection of individual liberties and civil rights in wartime.

SPRG 2016: LAW JD 890 A1 , Jan 11th to Apr 20th 2016
Days Start End Credits Instructors Bldg
Mon 4:20 pm 6:20 pm 3 Robert D. Sloane LAW
SPRG 2017: LAW JD 890 A1 , Jan 23rd to Apr 24th 2017
Days Start End Credits Instructors Bldg
Tue 4:20 pm 6:20 pm 3 Robert D. Sloane
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