Medellin, the Alien Tort Statute, and the Domestic Status of International Law PDF Download
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Author: David H. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
While scholars have begun to debate the meaning of the Supreme Court's landmark decision in Medellin v. Texas for the domestic status of treaties, the decision's import for other significant questions of foreign relations law has been ignored in the literature. This Article fills that void by exploring Medellin's significance (a) for treaty and customary international law (CIL) based claims under the Alien Tort Statute, (b) for the hotly debated issue of CIL's domestic legal status, and (c) for the recent claim that a uniform doctrine governing the domestic status of both treaties and CIL is developing in U.S. foreign relations law.
Author: David H. Moore
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
While scholars have begun to debate the meaning of the Supreme Court's landmark decision in Medellin v. Texas for the domestic status of treaties, the decision's import for other significant questions of foreign relations law has been ignored in the literature. This Article fills that void by exploring Medellin's significance (a) for treaty and customary international law (CIL) based claims under the Alien Tort Statute, (b) for the hotly debated issue of CIL's domestic legal status, and (c) for the recent claim that a uniform doctrine governing the domestic status of both treaties and CIL is developing in U.S. foreign relations law.
Author: Sean D. Murphy
Publisher: Oxford University Press
ISBN: 0199361975
Category : Law
Languages : en
Pages : 1065
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Book Description
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Category : Law
Languages : en
Pages : 655
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Book Description
This book presents a comprehensive account of the Supreme Court's use of international law from the Court's inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, the book examines all the cases or lines of cases in which international law has played a material role.
Author: Curtis A. Bradley
Publisher:
ISBN: 9780735578548
Category : United States
Languages : en
Pages : 0
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Book Description
Using a thoughtful, balanced mix of cases and non-case materials, including statutes, treaties, and Executive Branch pronouncements, Foreign Relations Law: Cases and Materials, Third Edition, examines the constitutional and statutory law that governs contemporary U.S. foreign relations. Thoroughly updated, this casebook provides students with an in-depth assessment of foreign policy issues as well as the relation of international matters to U.S. law. Among the qualities that make this casebook such a valuable resource : wide-ranging coverage of contemporary foreign relations law controversies , such as: the scope of the President’s war powers, including the President’s powers in the war on terrorism the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers the validity of executive agreements the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts judicial reliance on foreign and international materials to interpret the Constitution extraterritorial application of federal law cohesive theoretical framework that makes clear : the increasingly important intersection between international law and U.S. domestic law the importance of constitutional structure in regulating foreign affairs the relevance of history to modern affairs controversies the ways the constitutional law of foreign affairs is often developed outside the courts the significance of the increasingly blurred line between domestic and foreign affairs Extensive Notes and Questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates in addition to updated notes and background materials, The Third Edition features : a new chapter devoted To The War on Terrorism excerpts of recent War on Terrorism decisions, including Hamdan v. Rumsfeld and Boumediene v. Bush coverage of developments in the War on Terrorism, including developments relating to interrogation, detention, rendition, and surveillance discussion of statutory changes relating to terrorism, including the Military Commissions Act, The Sudan Accountability and Divestment Act, and amendments To The Foreign Sovereign Immunities Act excerpts of the consular notice decisions Sanchez-Llamas v. Oregon and Medellin v. Texas, which address the domestic status of an international decision And The authority of the President to enforce such a decision coverage of recent decisions brought under the Alien Tort Statute, including the South African Apartheid Case Take advantage of the expertise and experience of Curtis A. Bradley and Jack L. Goldsmith. Foreign Relations Law: Cases and Materials, Third Edition , Is the ideal casebook for serious study of U.S. affairs abroad.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190696419
Category : Law
Languages : en
Pages : 433
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Book Description
This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.
Author: Curtis A. Bradley
Publisher: Oxford University Press
ISBN: 0197525628
Category : Law
Languages : en
Pages : 376
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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: Curtis Bradley
Publisher: OUP USA
ISBN: 0195328590
Category : Law
Languages : en
Pages : 391
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Book Description
International Law in the U.S. Legal System decodes the often complicated ways that international law operates within the United States legal system and sheds light on unresolved issues and areas of controversy. The book covers all of the principal forms of international law including treaties, decisions and orders of international institutions, customary international law, jus cogens norms, and general principles. It also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, and extraterritoriality.
Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 316
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Book Description
Author: Stephen A. Simon
Publisher: Lexington Books
ISBN: 1498534716
Category : Political Science
Languages : en
Pages : 223
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Book Description
The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system? The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court’s handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices’ standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.
Author: Anthea Roberts
Publisher: Oxford University Press
ISBN: 0190697571
Category : Law
Languages : en
Pages : 641
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Book Description
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.
