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Author: Shirley V. Scott
Publisher: Cambridge University Press
ISBN: 110701672X
Category : Law
Languages : en
Pages : 293
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Book Description
Shirley Scott explains how the USA has benefited from continuity in its strategic engagement with international law.
Author: Shirley V. Scott
Publisher: Cambridge University Press
ISBN: 110701672X
Category : Law
Languages : en
Pages : 293
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Book Description
Shirley Scott explains how the USA has benefited from continuity in its strategic engagement with international law.
Author: Ingrid Detter Delupis
Publisher: Dartmouth Publishing Company
ISBN:
Category : International law
Languages : en
Pages : 622
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Book Description
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Author: David Haljan
Publisher: Springer Science & Business Media
ISBN: 9067048585
Category : Law
Languages : en
Pages : 335
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Book Description
The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.
Author: Jordan J. Paust
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 552
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Book Description
A must reference for the practitioner, judge, student, and serious scholar, this revised and updated work provides a thorough and readable text on various types and possibilities of incorporation of international law into our domestic legal processes. The second edition has retained and updated the first six chapters from the first edition and contains the most detailed exposition to date of cases, patterns of use, and trends concerning traditional topics such as customary international law and its incorporation into U.S. law; self-executing treaties and direct and indirect legal effects of treaties; the last-in-time rule and exceptions thereto; priorities among generally coequal laws of the land; presidential powers and duties; remedies or civil and criminal sanctions; and use of human right precepts throughout U.S. history (including attention to actual types of human rights utilized, the right of access to courts, and the right to an effective remedy). Chapters on human rights and the ninth amendment; jurisdiction and enforcement responsibilities with respect to international criminal law; and the peace power have also been retained and updated, while portions of other chapters have been shifted to other sections of the treatise or deleted. The comprehensive and highly useful index has been retained. The treatise is unique in terms of areas of coverage and its attention to detail, including heavily documented research into literally thousands of U.S. cases. "Professor Paust's new book is not only well-written, but it also contains a rich vein of resources that may be worked for profit by teacher, student, researcher, and practitioner." -- American Society of International Law Newsletter, on the first edition "Superlative. The idea is original, the execution exhaustive and the impact, simply overwhelming." -- W.M. Weisman, Wesley N. Hohfeld Professor of Jurisprudence, Yale Law School, on the first edition "This is an excellent work for scholarly law libraries...[and] for small- to mid-sized law libraries and academic libraries that emphasize American law and history." -- Legal Information ALERT "Paust's work reflects a vigorous defense of the cause of international law... [It] reflects an impressive mosaic of the author's views that will undoubtedly continue to spark controversy and debate within our community." -- The American Journal of International Law
Author: Phillip R. Trimble
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 324
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Book Description
The focus of this law school casebook is on constitutional law as it relates to the conduct of foreign relations, primarily with that subfield dealing with the "separation of powers." Foreign relations law refers to the rules, principles, practices and procedures which structure the formation and execution of U.S. foreign policy, including it's participation in international law and institutions.
Author: Shirley V. Scott
Publisher: Cambridge University Press
ISBN: 1107379296
Category : Law
Languages : en
Pages : 293
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Book Description
Observers of the USA's attitude towards international law seem to be perpetually taken aback by its actions, whether those relate to the use of force, the International Criminal Court or human rights. This book sets out to articulate the considerable degree of continuity in the nature of US engagement with international law. International Law, US Power explains that the USA has throughout its history pursued a quest for defensive and offensive legal security and that this was a key ingredient in the rise of the USA. Although skilful strategic involvement with international law was an ingredient in the USA 'winning' the Cold War, the rise of China and the growing negotiating strength of leading developing countries mean that the USA is likely to find it increasingly difficult to use the same set of techniques in the future.
Author: Curtis A. Bradley
Publisher: Oxford University Press, USA
ISBN: 0197525601
Category : Law
Languages : en
Pages : 409
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Book Description
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Author: Mark Klamberg
Publisher: Routledge
ISBN: 1317617126
Category : Law
Languages : en
Pages : 199
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Book Description
When studying international law there is often a risk of focusing entirely on the content of international rules (i.e. regimes), and ignoring why these regimes exist and to what extent the rules affect state behavior. Similarly, international relations studies can focus so much on theories based on the distribution of power among states that it overlooks the existence and relevance of the rules of international law. Both approaches hold their dangers. The overlooking of international relations risk assuming that states actually follow international law, and discounting the specific rules of international law makes it difficult for readers to understand the impact of the rules in more than a superficial manner. This book unifies international law and international relations by exploring how international law and its institutions may be relevant and influence the course of international relations in international trade, protection of the environment, human rights, international criminal justice and the use of force. As a study on the intersection of power and law, this book will be of great interest and use to scholars and students of international law, international relations, political science, international trade, and conflict resolution.
Author: Francis Wharton
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 876
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Book Description
Author: Michael Byers
Publisher: Cambridge University Press
ISBN: 1139436635
Category : Law
Languages : en
Pages : 551
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Book Description
Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.
