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Author: Sally J. Cummins
Publisher: Oxford University Press
ISBN: 0199713138
Category : Law
Languages : en
Pages : 526
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Book Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser of the United States Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each annual volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. This volume is the comprehensive index for the Digest of United States Practice in International Law, covering the period 1989 - 2006, making it the long requested finding tool to the set.
Author: Sally J. Cummins
Publisher: Oxford University Press
ISBN: 0199713138
Category : Law
Languages : en
Pages : 526
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Book Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser of the United States Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each annual volume compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. All the documents which are excerpted in the Digest are selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to practitioners and scholars. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. This volume is the comprehensive index for the Digest of United States Practice in International Law, covering the period 1989 - 2006, making it the long requested finding tool to the set.
Author: Elizabeth R. Wilcox
Publisher:
ISBN: 0199738564
Category : Law
Languages : en
Pages : 614
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Book Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. The Cumulative Index volume for 1989 through 2008 contains a complete table of cases and index covering all volumes of the Digest of U.S. Practice in International Law published to date since the Office of the Legal Adviser renewed publication in 2000.
Author: John Bassett Moore
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 828
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Book Description
Author: Sally J. Cummins
Publisher: Digest of Us Practice in Inter
ISBN: 9780935328981
Category : Law
Languages : en
Pages : 0
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Book Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Advisers Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 1144
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Book Description
Author: Patricia Mallia
Publisher: BRILL
ISBN: 9004182977
Category : Law
Languages : en
Pages : 304
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Book Description
A number of rules of the international law governing the oceans were created at a time far removed from the challenges of the present day. The principle of the freedom of the high seas and its corollary of flag State exclusivity are archetypical examples of this. Today these rules may appear to be obstacles in the effort to combat a number of contemporary maritime threats such as migrant smuggling by sea. This study examines this multi-faceted threat to maritime security against the backdrop of the current international legal framework and State practice in order to establish whether this threat can be effectively addressed within the existing framework of the law of the sea.
Author: Benjamin Allen Coates
Publisher: Oxford University Press
ISBN: 0190495952
Category : History
Languages : en
Pages : 297
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Book Description
'Legalist Empire' explores the intimate connections between international law and empire in the United States from 1898 to 1919.
Author: Elizabeth R. Wilcox
Publisher: OUP USA
ISBN: 9780199759002
Category : Law
Languages : en
Pages : 936
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Book Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. Featured in the 2009 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following: * Final Rule issued by the U.S. Department of Health and Human Services eliminating ban on people with HIV from entering the United States, 74 Fed. Reg. 56,547 (Nov. 2, 2009) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. federal court decisions involving First Amendment challenges to district court decisions upholding denials of visas to individuals accused of having contributed funds to terrorist organizations (e.g., the Second Circuit vacated and remanded a district court's decision upholding the denial of a visa to Muslim scholar Tariq Ramadan (American Academy v. Napolitano, 573 F.3d 115 (2d Cir. 2009)) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. motion to dismiss petition for a writ of habeas corpus filed by a Mexican national who claimed that he would be tortured if extradited to Mexico to face homicide charges (Saldana v. United States, No. 2:09-cv-02786-JPM-cgc (W.D. Tenn. 2009)) (Chapter 3, International Criminal Law) * Eleventh Circuit affirmation of district court's 2008 decision denying writ of habeas corpus to former Panamanian dictator Manuel Noriega to prevent his extradition to France (Noriega v. Pastrana, 564 F.3d 1290 (11th Cir. 2009)) (Chapter 3, International Criminal Law) * U.S. grant of two petitions for certiorari in a case challenging constitutionality of the provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, that make it a criminal offense for any person within the United States or subject to U.S. jurisdiction "knowingly" to provide "material support or resources" to a designated foreign terrorist organization ("FTO") (Holder v. Humanitarian Law Project, 130 S. Ct. 534 (2009); Humanitarian Law Project v. Holder, 130 S. Ct. 534 (2009)) (Chapter 3, International Criminal Law) * Statement of Secretary of State Hillary Rodham Clinton about the "Human Rights Agenda for the 21st Century" (Georgetown University, December 14, 2009) (Chapter 6, Human Rights) * U.S. statements to the UN Human Rights Council relating to the Gaza conflict and the report of the UN Fact Finding Mission on the Gaza Conflict (the "Goldstone Report") (Chapter 6, Human Rights) * Statement of President Barack H. Obama and memorandum to the Secretary of State and the Administrator of the United States Agency for International Development on the rescission of the "Mexico City Policy," which had directed USAID to withhold USAID funds from any nongovernmental organization using non-USAID funds to engage in activities relating to abortion (Chapter 6, Human Rights) * Letter of Secretary of State Hillary Rodham Clinton to Senator Jeanne Shaheen outlining U.S. initiatives to end the use of rape and sexual violence in conflict zones, particularly in Sudan and the Democratic Republic of the Congo, accompanied by the proposed "Strategic Plan for Combating Violence Against Women in Sudan and the Democratic Republic of the Congo (DRC)," and Statement of Secretary of State Clinton to the UN Security Council regarding U.S.-led Resolution concerning sexual violence in situations of armed conflict (Chapter 6, Human Rights) * Statement of Ambassador Susan Rice, U.S. Permanent Representative to the United Nations, and White House Senior Advisor Valerie Jarrett on the views of the U.S. towards the UN Convention on the Rights of Persons with Disabilities (signed by the U.S. on July 30, 2009) (Chapter 6, Human Rights) * Statement of Harold Hongju Koh, Department of State Legal Adviser, to the International Court of Justice, discussing whether the "unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo [is] in accordance with international law" (Chapter 9, Diplomatic Relations, Succession, and Continuity of States) * U.S. federal court decisions relating to actions brought under sovereign states under the Foreign Sovereign Immunities Act, including actions against the Holy See, the Islamic Republic of Iran, and the Kingdom of Saudi Arabia (Chapter 10, Foreign Sovereign Immunity) * Diplomatic note indicating change in policy of the Department of State to extend the "definition of 'family' forming part of the household of a diplomatic agent [to] include same-sex domestic partners ('domestic partners') for purposes of the application of the Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations in the United States" (74 Fed. Reg. 36,112 (July 22, 2009)) (Chapter 10, Foreign Sovereign Immunity) * The Office of the U.S. Trade Representative's 2009 Special 301 Report to identify those foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons that rely upon intellectual property protection (Chapter 11, Trade, Commercial Relations, Investment, and Transportation) * Statement of the Contact Group on Piracy off the Coast of Somalia ("CGPCS"), hosted by the United States at UN Headquarters in New York (Chapter 12, Territorial Regimes and Related Issues) * President Barack H. Obama's December 18, 2009, press briefing relating to the "Copenhagen Accord," reached by the major world economies at the Fifteenth Session of the Conference of the Parties to the UN Framework Convention on Climate Change (Chapter 13, Environment and Other Transnational Scientific Issues) * Testimony of Keith Loken, Assistant Legal Adviser for Private International Law, Department of State, in support of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (which was signed by the United States but awaits Senate approval) (Chapter 15, Private International Law) * Various documents relating to the U.S. position on the imposition or retention of sanctions against or the curtailment of assistance to countries including the Democratic People's Republic of Korea, Iran, Eritrea, the Democratic Republic of Congo, Sudan, Burma, Madagascar, and Honduras (Chapter 16, Sanctions) * Memorandum of President Barack H. Obama to the Secretaries of State, Treasury, and Commerce instructing them to take certain actions to implement a new policy to promote democracy and human rights in Cuba, including "facilitating greater contact between separated family members in the United States and Cuba and increasing the flow of remittances and information to the Cuban people" (Chapter 16, Sanctions) * U.S. positions on the peace process in the Israeli-Palestinian conflict and the resolution of the North-South conflict in Sudan, as well as U.S. positions on peacekeeping in Georgia, Kosovo, Lebanon, and Somalia (Chapter 17, International Conflict Resolution and Avoidance) * Excerpts from Executive Order 13491, "Ensuring Lawful Interrogations," 74 Fed. Reg. 4893 (Jan. 27, 2009), which was intended "to improve the effectiveness of human intelligence-gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed" (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Excerpts from Executive Order 13492, "Review and Disposition of Individuals Detained At the Guantánamo Bay Naval Base and Closure of Detention Facilities," 74 Fed. Reg. 4897 (Jan. 27, 2009) (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Other U.S. positions relating to treatment of detainees upon release, as well as U.S. federal court decisions relating to habeas litigation involving current detainees held at Guantanamo and in Afghanistan and civil suits involving former Guantanamo detainees (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation)
Author: Thibault Moulin
Publisher: Manchester University Press
ISBN: 1526168022
Category : Law
Languages : en
Pages : 183
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Book Description
While espionage between states is a practice dating back centuries, the emergence of the internet revolutionised the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorised or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy. It is an essential resource for scholars and practitioners in international law, as well as anyone interested in the future of cyber-security.
Author: Curtis A. Bradley
Publisher: Harvard University Press
ISBN: 067429775X
Category : Law
Languages : en
Pages : 289
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Book Description
A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress. In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.” Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority. Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.
