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Foreign Affairs In English Courts
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Book Synopsis Foreign Affairs in English Courts by : Frederick Alexander Mann
Download or read book Foreign Affairs in English Courts written by Frederick Alexander Mann and published by . This book was released on 1986 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Book Synopsis Foreign Relations Law by : Campbell McLachlan
Download or read book Foreign Relations Law written by Campbell McLachlan and published by Cambridge University Press. This book was released on 2014-09-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
Book Synopsis Restoring the Global Judiciary by : Martin S. Flaherty
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1892 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Seventh Edition, examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background. New to the Seventh Edition: Addition of a third author, Ashley Deeks, a scholar with government experience as well as significant expertise in national security law, the laws of war, and intelligence gathering New excerpt of and extensive notes on the Supreme Court’s 2018 “travel ban” decision, Trump v. Hawaii Coverage of the Supreme Court’s 2018 Alien Tort Statute decision, Jesner v. Arab Bank Extensive discussion of recent treaty terminations by the Trump administration Discussion of the ongoing litigation concerning “sanctuary jurisdictions” in some states and localities Notes and questions on recent war powers developments, including on the use of force against the Islamic State and in Syria Updated notes and questions throughout the book to take account of recent cases, statutes, executive branch actions, and scholarship Professors and students will benefit from: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples
Book Synopsis Foreign Law in English Courts by : Richard Fentiman
Download or read book Foreign Law in English Courts written by Richard Fentiman and published by Clarendon Press. This book was released on 1998 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.
Book Synopsis International Law and Foreign Affairs in English Courts by : Shaheed Fatima QC
Download or read book International Law and Foreign Affairs in English Courts written by Shaheed Fatima QC and published by Hart Publishing. This book was released on 2021-05-20 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: In conflicts around the world, children are being killed, raped, abducted and recruited to fight at a shocking scale. In light of this continuing, if not worsening, general failure to protect children in conflict, it is questionable whether existing international law norms and institutions provide sufficient protection and accountability. Consideration needs to be given to whether international law can do more – practically and effectively – when moral lines are crossed. That is the purpose behind this book. It reviews the position of children in conflict by reference to the 'six grave violations' as identified by the UN Security Council. It analyses the protection offered by international humanitarian law, international criminal law and international human rights law, and also assesses the related adjudicative accountability mechanisms. The analysis concludes with a number of recommendations and proposals for reform, with a view to enhancing accountability, deterring future violations and ending the war on children. The book has been written by a team of lawyers, headed by Shaheed Fatima QC, and has drawn on the input of an expert advisory panel comprising leading academics, policy-makers and activists. It has been written as part of the Inquiry on Protecting Children in Conflict. The Inquiry has been sponsored by Save the Children and Theirworld and chaired by former UK Prime Minister Gordon Brown.
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2024 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Book Synopsis Judicial Aspects of Foreign Relations by : Louis Leventhal Jaffe
Download or read book Judicial Aspects of Foreign Relations written by Louis Leventhal Jaffe and published by . This book was released on 1968 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tables of cases, statutes, treatises, diplomatic correspondence and secondary authorities: p. [241]-257.
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading casebook in foreign relations, Foreign Relations Law: Cases andExamples, examines the constitutional and statutory law that regulates theconduct of contemporary U.S. foreign relations. Using a compelling mix of caseand noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad andinternational cases in which the U.S. exercises jurisdiction. Its extensivecoverage of contemporary legal controversies and the grey areas betweeninternational and domestic affairs make this casebook a perennial favorite.The Fourth Edition has been updated to include the resounding effectsthe "war on terror" is having on all aspects of foreign relations policy andthe laws relating to detention, interrogation, surveillance, state secrets,habeas corpus and target killing. The impacts of recent events, such as U.S.military involvement in Libya, are given thorough treatment. New court casesaffecting habeas corpus and non-U.S. citizens, the president's authority todetain alleged terrorists, and immunity for foreign officials in civil suitsare also included. In addition, there is new section on legal regulation ofCIA covert operations and clandestine operations by the U.S. military.Hallmark features of Foreign Relations Law:Extensive coverage of contemporary foreign relations law controversies,including:The scope of the president's war powers and the validity ofexecutive agreements.The legal framework for the post-September 11 "war on terrorism."Judicial reliance on foreign and international materials to interpretthe Constitution.Extraterritorial application of federal law.The relationship between national foreign affairs powers, including thetreaty power, and structural principles of federalism and separation of powers.The status of customary international law in the U.S. legal system,including international human rights litigation in U.S. courts.Cohesive theoretical framework that illuminates:The increasing importance of the intersection between international law andU.S. domestic law, and the blurred line between domestic and foreign affairs.The importance of constitutional structure in regulating foreign affairs.The historical relevance of modern controversies.The ways constitutional law on foreign affairs is often developed outsidethe courts.Detailed Teacher's ManualExtensive Notes and Questions for each topicCompelling mix of cases and noncase materialsThe revised Fourth Edition includes:New section on legal regulation of covert operations by the CIAand clandestine operations by the U. S. military.Revision of the war powers material to include recent developments,including U.S. military operations in Libya, and issues andthe debate surrounding the war on terrorism.Discussion of recent war on terror decisions by the D.C. Circuit andthe D.C. District Court, including Al-Bihani v. Obama, Maqaleh v.Gatesand Al-Aulaqi v. Obama.Excerpt from U.S. Supreme Court's decision in Samantar v. Yousuf,concerning immunity of foreign officials in civil suits brought inU.S. Courts.Excerpt of Second Circuit's decision in Kiobel v. Royal DutchPetroleum Co., concerning the ability of human rights victims tosue corporations under the Alien Tort Statute.Notes and Questions
Book Synopsis Foreign Affairs Litigation in United States Courts by : John Norton Moore
Download or read book Foreign Affairs Litigation in United States Courts written by John Norton Moore and published by Martinus Nijhoff Publishers. This book was released on 2013-09-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.
Book Synopsis World Court by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book World Court written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1931 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Oxford Handbook of Comparative Foreign Relations Law by : Curtis A. Bradley
Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Book Synopsis Foreign Relations Law by : Curtis A. Bradley
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume collection contains the leading modern literature on foreign relations law, providing a rich foundation and resource for researchers in this field. The topics addressed include the history of foreign relations law, the role of the courts in adjudicating foreign affairs disputes, executive power over foreign affairs, the domestic status of treaties, the phenomenon of executive agreements, the judicial application of customary international law, and the distribution of authority over war powers. By consolidating these articles and presenting them thematically, the collection allows for a unique birds-eye view of the entire field. Tied together with an introductory chapter by Professor Curtis Bradley, this collection promises to be an invaluable research tool for academics as well as a fascinating read for those interested in the subject.
Book Synopsis International Law by : Phillip R. Trimble
Download or read book International Law written by Phillip R. Trimble and published by . This book was released on 2002 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis World Court by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book World Court written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1932 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers U.S. reservations concerning adherence to Court of International Justice (World Court) based upon Court acceptance of limited jurisdiction in matters involving U.S. and assent to women's equal nationality status.
Book Synopsis Foreign Affairs Federalism by : Michael J. Glennon
Download or read book Foreign Affairs Federalism written by Michael J. Glennon and published by Oxford University Press. This book was released on 2016-04-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the myth that the federal government exercises exclusive control over U.S. foreign-policymaking, Michael J. Glennon and Robert D. Sloane propose that we recognize the prominent role that states and cities now play in that realm. Foreign Affairs Federalism provides the first comprehensive study of the constitutional law and practice of federalism in the conduct of U.S. foreign relations. It could hardly be timelier. States and cities recently have limited greenhouse gas emissions, declared nuclear free zones and sanctuaries for undocumented immigrants, established thousands of sister-city relationships, set up informal diplomatic offices abroad, and sanctioned oppressive foreign governments. Exploring the implications of these and other initiatives, this book argues that the national interest cannot be advanced internationally by Washington alone. Glennon and Sloane examine in detail the considerable foreign affairs powers retained by the states under the Constitution and question the need for Congress or the president to step in to provide "one voice" in foreign affairs. They present concrete, realistic ways that the courts can update antiquated federalism precepts and untangle interwoven strands of international law, federal law, and state law. The result is a lucid, incisive, and up-to-date analysis of the rules that empower-and limit-states and cities abroad.
Author :United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations Publisher : ISBN 13 : Total Pages :122 pages Book Rating :4.0/5 (17 download)
Book Synopsis Jurisdiction of U.S. Courts in Suits Against Foreign States by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations
Download or read book Jurisdiction of U.S. Courts in Suits Against Foreign States written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Administrative Law and Governmental Relations and published by . This book was released on 1976 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
