The Trump Muslim Ban: Litigating International Human Rights Before U.S. Courts

24 April 2018




The Trump Muslim Ban: Litigating International Human Rights Before U.S. Courts

Speaker: Professor Aaron Fellmeth, Arizona State University

Immediately after assuming office, Donald Trump, the 45th U.S. President, moved to fulfill his campaign pledge to implement "a total and complete shutdown of" Muslims entering the United States. In a hastily written executive order, Trump issued blanket suspensions on immigration from 7 Muslim countries, including refugees, valid visa holders, and lawful permanent residents. A series of legal challenges ensued, resulting in restraining orders against the bans and prompting Trump to revise the bans twice. The U.S. Supreme Court has partially upheld the bans pending full consideration of the case, which is now before it anew. What is remarkable about the judicial decisions staying the government measures is that not a single court has relied on U.S. obligations under international human rights law, or even mentioned human rights, despite the fact that the measures plainly violate several fundamental human rights, despite the issue being repeatedly raised by amici curiae. In his lecture, Prof. Fellmeth will explain the Trump Muslim Ban, the litigation surrounding it, and how these fit into the larger problem of U.S. legislative, executive, and judicial marginalization of international human rights law.

About the speaker
Aaron Fellmeth is a professor of law and a Willard H. Pedrick Distinguished Research Scholar in the Sandra Day O'Connor College of Law. He is also a faculty fellow with the Center for Law, Science and Innovation, and the Center for Law and Global Affairs at Arizona State University.

Professor Fellmeth is a leading expert in public international law and international business transactions. He has published extensively on international legal theory, the history of international law, the international law of armed conflict, international trade law, human rights, and intellectual property law. He teaches Public International Law, International Business Transactions, International Law of Armed Conflict, International Human Rights Law, and Intellectual Property Law.

Professor Fellmeth's work has been cited several times by federal courts and in testimony before Congress. He has served as an Executive Advisory Committee member of International Legal Materials and is currently on the Board of Directors of the International Law Association (American Branch) and the chair of its International Human Rights Committee.

Before coming to ASU, Professor Fellmeth clerked for the Office of the General Counsel of the U.S. International Trade Commission and at the United Nations Office of Legal Affairs. He then spent seven years at international law firms practicing international business transactions, public international law, and intellectual property law.

CPD Points: 1



Time: 1-2pm (light lunch from 12.30pm)

Location: Sydney Law School, New Law Building (F10), Eastern Avenue, Camperdown, University of Sydney

Cost: Complimentary, however registration is essential.

Contact: Professional Learning & Community Engagement

Phone: 02 9351 0429

Email: 3b582d463c4f212f4219050652050302107c1d2303191532