International Law and Agreements

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Publisher : DIANE Publishing
ISBN 13 : 1437930263
Total Pages : 19 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis International Law and Agreements by : Michael John Garcia

Download or read book International Law and Agreements written by Michael John Garcia and published by DIANE Publishing. This book was released on 2011-04 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an intro. to the roles that international law and agreements play in the U.S. International law is derived from two primary sources ¿ international agreements (IA) and customary practice. Under the U.S. legal system, IA can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the exec. branch, but Congress also plays an essential role. Contents of this report: (1) Intro.; (2) Forms of IA: Treaties; Executive Agreements; Nonlegal Agreements; (3) Effects of IA on U.S. Law; (4) Customary International Law; (5) Reference to Foreign Law by U.S. Courts. This is a print on demand edition of an important, hard-to-find report.

International Law in the US Legal System

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Publisher : Oxford University Press
ISBN 13 : 0197525636
Total Pages : 409 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis International Law in the US Legal System by : Curtis A. Bradley

Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Law and Agreements

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Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781727822243
Total Pages : 42 pages
Book Rating : 4.8/5 (222 download)

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Book Synopsis International Law and Agreements by : Congressional Service

Download or read book International Law and Agreements written by Congressional Service and published by Createspace Independent Publishing Platform. This book was released on 2018-10-11 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is derived from two primary sources-international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role. First, in order for a treaty (but not an executive agreement) to become binding upon the United States, the Senate must provide its advice and consent to treaty ratification by a two-thirds majority. Secondly, Congress may authorize congressional-executive agreements. Thirdly, many treaties and executive agreements are not self-executing, meaning that implementing legislation is required to render the agreement's provisions judicially enforceable in the United States. The status of an international agreement within the United States depends on a variety of factors. Self-executing treaties have a status equal to federal statute, superior to U.S. state law, and inferior to the Constitution. Depending upon the nature of executive agreements, they may or may not have a status equal to federal statute. In any case, self-executing executive agreements have a status that is superior to U.S. state law and inferior to the Constitution. Courts generally have understood treaties and executive agreements that are not self-executing generally to have limited status domestically; rather, the legislation or regulations implementing these agreements are controlling. In addition to legally binding agreements, the executive branch also regularly makes nonlegal agreements (sometimes described as "political agreements") with foreign entities. The formality, specificity, and intended duration of such commitments may vary considerably, but they do not modify existing legal authorities or obligations, which remain controlling under both U.S. domestic and international law. Nonetheless, such commitments may carry significant moral and political weight for the United States and other parties. Unlike in the case of legal agreements, current federal law does not provide any general applicable requirements that the executive branch notify Congress when it enters a political agreement on behalf of the United States. The effects of the second source of international law, customary international practice, upon the United States are more ambiguous. While there is some Supreme Court jurisprudence finding that customary international law is "part of" U.S. law, domestic statutes that conflict with customary rules remain controlling, and scholars debate whether the Supreme Court's international law jurisprudence still applies in the modern era. Some domestic U.S. statutes directly incorporate customary international law, and therefore invite courts to interpret and apply customary international law in the domestic legal system. The Alien Tort Statute, for example, which establishes federal court jurisdiction over certain tort claims brought by aliens for violations of "the law of nations." Although the United States has long understood international legal commitments to be binding both internationally and domestically, the relationship between international law and the U.S. legal system implicates complex legal dynamics. Because the legislative branch possesses important powers to shape and define the United States' international obligations, Congress is likely to continue to play a critical role in shaping the role of international law in the U.S. legal system in the future.

International Law and Agreements

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Author :
Publisher : CreateSpace
ISBN 13 : 9781508604617
Total Pages : 28 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis International Law and Agreements by : Congressional Research Service

Download or read book International Law and Agreements written by Congressional Research Service and published by CreateSpace. This book was released on 2015-02-18 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources—international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role. First, in order for a treaty (but not an executive agreement) to become binding upon the United States, the Senate must provide its advice and consent to treaty ratification by a two-thirds majority. Secondly, Congress may authorize congressional-executive agreements. Thirdly, many treaties and executive agreements are not self-executing, meaning that implementing legislation is required to provide U.S. bodies with the domestic legal authority necessary to enforce and comply with an international agreement's provisions. The status of an international agreement within the United States depends on a variety of factors. Self-executing treaties have a status equal to federal statute, superior to U.S. state law, and inferior to the Constitution. Depending upon the nature of executive agreements, they may or may not have a status equal to federal statute. In any case, self-executing executive agreements have a status that is superior to U.S. state law and inferior to the Constitution. Treaties or executive agreements that are not self-executing generally have been understood by the courts to have limited status domestically; rather, the legislation or regulations implementing these agreements are controlling. The effects of the second source of international law, customary international practice, upon the United States are more ambiguous and controversial. While there is some Supreme Court jurisprudence finding that customary international law is part of U.S. law, U.S. statutes that conflict with customary rules remain controlling. Customary international law is perhaps most clearly recognized under U.S. law via the Alien Tort Statute (ATS), which establishes federal court jurisdiction over tort claims brought by aliens for violations of “the law of nations.” Recently, there has been some controversy concerning references made by U.S. courts to foreign laws or jurisprudence when interpreting domestic statutes or constitutional requirements. Historically, U.S. courts have on occasion looked to foreign jurisprudence for persuasive value, particularly when the interpretation of an international agreement is at issue, but foreign jurisprudence never appears to have been treated as binding. Though U.S. courts will likely continue to refer to foreign jurisprudence, where, when, and how significantly they will rely upon it is difficult to predict.

International Law and Agreements: Their Effect Upon U.S. Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 25 pages
Book Rating : 4.:/5 (15 download)

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Book Synopsis International Law and Agreements: Their Effect Upon U.S. Law by : Michael John Garcia

Download or read book International Law and Agreements: Their Effect Upon U.S. Law written by Michael John Garcia and published by . This book was released on 2015 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an introduction to the roles that international law and agreements play in the United States. International law is derived from two primary sources--international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role. First, in order for a treaty (but not an executive agreement) to become binding upon the United States, the Senate must provide its advice and consent to treaty ratification by a two-thirds majority. Secondly, Congress may authorize congressional-executive agreements. Thirdly, many treaties and executive agreements are not self-executing, meaning that implementing legislation is required to provide U.S. bodies with the domestic legal authority necessary to enforce and comply with an international agreement's provisions. The status of an international agreement within the United States depends on a variety of factors. Self-executing treaties have a status equal to federal statute, superior to U.S. state law, and inferior to the Constitution. Depending upon the nature of executive agreements, they may or may not have a status equal to federal statute. In any case, self-executing executive agreements have a status that is superior to U.S. state law and inferior to the Constitution. Treaties or executive agreements that are not self-executing generally have been understood by the courts to have limited status domestically; rather, the legislation or regulations implementing these agreements are controlling. The effects of the second source of international law, customary international practice, upon the United States are more ambiguous and controversial. While there is some Supreme Court jurisprudence finding that customary international law is part of U.S. law, U.S. statutes that conflict with customary rules remain controlling. Customary international law is perhaps most clearly recognized under U.S. law via the Alien Tort Statute (ATS), which establishes federal court jurisdiction over tort claims brought by aliens for violations of "the law of nations." Recently, there has been some controversy concerning references made by U.S. courts to foreign laws or jurisprudence when interpreting domestic statutes or constitutional requirements. Historically, U.S. courts have on occasion looked to foreign jurisprudence for persuasive value, particularly when the interpretation of an international agreement is at issue, but foreign jurisprudence never appears to have been treated as binding. Though U.S. courts will likely continue to refer to foreign jurisprudence, where, when, and how significantly they will rely upon it is difficult to predict.

International Law and Agreements

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis International Law and Agreements by :

Download or read book International Law and Agreements written by and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides an introduction as to the roles that international law and agreements play in the United States. International law is derived from two primary sources -- international agreement and customary practice. Under the U.S. legal system, international agreements can be entered into either pursuant to a treaty or via executive agreement. The United States Constitution allocates primary responsibility for entering such agreements to the Executive branch, but Congress also plays an essential role. First, in order for a treaty (but not an executive agreement) to become binding upon the United States, the Senate must provide its advice and consent to treaty ratification by a two-thirds majority. Secondly, Congress may authorize congressional-executive agreements. Thirdly, many treaties and executive agreements are not self-executing, meaning that in order to take effect domestically, implementing legislation is required to provide U.S. bodies with the authority necessary to enforce and comply with an international agreement's provisions. The status of an international agreement within the United States is dependant upon a variety of factors. Self-executing treaties have a status equal to federal statute, superior to state law, and inferior to the Constitution. Depending upon the nature of executive agreements, they may or may not have a status equal to federal statute. In any case, self-executing executive agreements have a status that is superior to state law and inferior to the Constitution. Treaties or executive agreements which are not self-executing have been understood by the courts to have limited status domestically; rather, the legislation or regulations implementing these agreements are controlling domestically. The effects of the second source of international law, customary international practice, upon the United States are more ambiguous and controversial. While there is some Supreme Court jurisprudence finding that customary international law is part of U.S. law, conflicting U.S. statutes remain controlling. Customary international law is most clearly recognized under U.S. law via the Alien Tort Claims Act (ATCA), which establishes federal court jurisdiction over tort claims brought by aliens for violations of "the law of nations." The scope of this statute was recently clarified by the Supreme Court in Sosa v. Alvarez-Machain. Recently, there has been some controversy concerning references made by U.S. courts to foreign laws or jurisprudence when interpreting domestic statutes. Historically, U.S. courts have on occasion looked to foreign jurisprudence for persuasive value, but foreign jurisprudence never appears to have been thought of as binding. Though U.S. courts will likely continue to refer to foreign jurisprudence, where, when, and how significantly they will rely upon it is difficult to predict.

The Law of U.S. Foreign Relations

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199361975
Total Pages : 1065 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Law of U.S. Foreign Relations by : Sean D. Murphy

Download or read book The Law of U.S. Foreign Relations written by Sean D. Murphy and published by Oxford University Press. This book was released on 2023 with total page 1065 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Digest of International Law as Embodied in Diplomatic Discussions, Treaties and Other International Agreements

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Publisher :
ISBN 13 :
Total Pages : 894 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Digest of International Law as Embodied in Diplomatic Discussions, Treaties and Other International Agreements by : John Bassett Moore

Download or read book A Digest of International Law as Embodied in Diplomatic Discussions, Treaties and Other International Agreements written by John Bassett Moore and published by . This book was released on 1906 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The United States and International Law

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Publisher : University of Michigan Press
ISBN 13 : 0472220276
Total Pages : 365 pages
Book Rating : 4.4/5 (722 download)

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Book Synopsis The United States and International Law by : Lucrecia García Iommi

Download or read book The United States and International Law written by Lucrecia García Iommi and published by University of Michigan Press. This book was released on 2022-07-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States spearheaded the creation of many international organizations and treaties after World War II and maintains a strong record of compliance across several issue areas, yet it also refuses to ratify major international conventions like the UN Convention on the Law of the Sea and the Convention on the Elimination of All Forms of Discrimination Against Women. Why does the U.S. often seem to support international law in one way while neglecting or even violating it in another? The United States and International Law: Paradoxes of Support across Contemporary Issues analyzes the seemingly inconsistent U.S. relationship with international law by identifying five types of state support for international law: leadership, consent, internalization, compliance, and enforcement. Each follows different logics and entails unique costs and incentives. Accordingly, the fact that a state engages in one form of support does not presuppose that it will do so across the board. This volume examines how and why the U.S. has engaged in each form of support across twelve issue areas that are central to 20th- and 21st-century U.S. foreign policy: conquest, world courts, war, nuclear proliferation, trade, human rights, war crimes, torture, targeted killing, maritime law, the environment, and cybersecurity. In addition to offering rich substantive discussions of U.S. foreign policy, their findings reveal patterns across the U.S. relationship with international law that shed light on behavior that often seems paradoxical at best, hypocritical at worst. The results help us understand why the United States engages with international law as it does, the legacies of the Trump administration, and what we should expect from the United States under the Biden administration and beyond.

International Law in the U.S. Legal System

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Publisher : Oxford University Press
ISBN 13 : 0190217782
Total Pages : 402 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis International Law in the U.S. Legal System by : Curtis A. Bradley

Download or read book International Law in the U.S. Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2015-03-24 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system within the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley covers all of the principal forms of international law: treaties, 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 foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), 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.

Taming Globalization

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Publisher : Oxford University Press
ISBN 13 : 0199913447
Total Pages : 281 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Taming Globalization by : Julian Ku

Download or read book Taming Globalization written by Julian Ku and published by Oxford University Press. This book was released on 2012-03-26 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1997, a Mexican national named Jose Ernesto Medellin was sentenced to death for raping and murdering two teenage girls in Texas. In 2004, the International Court of Justice ruled that he was entitled to appellate review of his sentence, since the arresting officers had not informed him of his right to seek assistance from the Mexican consulate prior to trial, as prescribed by a treaty ratified by Congress in 1963. In 2008, amid fierce controversy, the U.S. Supreme Court declared that the international ruling had no weight. Medellin subsequently was executed. As Julian Ku and John Yoo show in Taming Globalization, the Medellin case only hints at the legal complications that will embroil American courts in the twenty-first century. Like Medellin, tens of millions of foreign citizens live in the United States; and like the International Court of Justice, dozens of international institutions cast a legal net across the globe, from border commissions to the World Trade Organization. Ku and Yoo argue that all this presents an unavoidable challenge to American constitutional law, particularly the separation of powers between the branches of federal government and between Washington and the states. To reconcile the demands of globalization with a traditional, formal constitutional structure, they write, we must re-conceptualize the Constitution, as Americans did in the early twentieth century, when faced with nationalization. They identify three "mediating devices" we must embrace: non-self-execution of treaties, recognition of the President's power to terminate international agreements and interpret international law, and a reliance on state implementation of international law and agreements. These devices will help us avoid constitutional difficulties while still gaining the benefits of international cooperation. Written by a leading advocate of executive power and a fellow Constitutional scholar, Taming Globalization promises to spark widespread debate.

International Law and Agreements: Their Effect Upon U.S. Law (RL32528).

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis International Law and Agreements: Their Effect Upon U.S. Law (RL32528). by :

Download or read book International Law and Agreements: Their Effect Upon U.S. Law (RL32528). written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Customary International Law as U.S. Law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Customary International Law as U.S. Law by : Carlos Manuel Vazquez

Download or read book Customary International Law as U.S. Law written by Carlos Manuel Vazquez and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a recent referendum, the citizens of Oklahoma overwhelmingly approved a State constitutional amendment providing that the courts of the State "shall not consider international law or Sharia law" in rendering their decisions. The amendment's exclusion of Sharia law has garnered most of the media attention, but more consequential by far is the measure's directive to the State courts to disregard international law. Similar measures have been proposed in other States, some of them merely barring consideration of Sharia law or foreign law, but others barring consideration of international law as well. These measures are clearly unconstitutional insofar as they would prohibit the State courts from enforcing one of the two main forms of international law -- treaties -- as the U.S. Constitution by its terms requires State courts to give effect to the nation's treaties, "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." But the federal Constitution does not expressly address the status of the other principal form of international law -- customary international law, or the unwritten law that governs the relations among states and "results from a general and consistent practice of states followed by them from a sense of legal obligation." These proposed State laws thus starkly raise the question whether the States may prohibit their courts from giving effect to the United States' obligations under customary international law. This article offers a critique of the intermediate positions and, in the process, explicates and defends the modern position. Critics of the modern position often describe it as the claim that customary international law has the force of federal law always and for all purposes. But this uncompromising conception of the modern position is a phantom. Adherents of the modern position have always accepted that not all of customary international law binds foreign states or the federal Executive as a matter of U.S. domestic law. The heart of the modern position is that customary international law binds State actors and thus preempts State law applicable to State officials and private parties. The basic case for the modern position relies on an inference from the constitutional structure very similar to the one advanced by Bellia and Clark: Violations of customary international law risk retaliation against the nation as a whole. Permitting States to violate it allows States to externalize the costs of such violations, thus likely producing excessive violations. Part I explicates and offers a preliminary defense of the modern position. It sets forth the affirmative case for the modern position based on constitutional structure, original intent, and pre- and post- Erie doctrine, responding to arguments put forward in the initial wave of revisionist scholarship, but deferring to part II responses to criticisms raised by scholars advancing intermediate positions. Part I shows that the basic structural case for the modern position was well understood by the Founders. Viewed in the light most favorable to the revisionist view, the evidence of original intent and the pre-Erie cases reflect two contending positions. The first is that the Constitution itself preempts State conduct that violates the state-to-state portion of the law of nations. The other is that customary international law had the status of general common law. Before Erie, the general common law was understood as different from either federal or State law, but was closer in operation to modern-day federal law than to modern-day State law. No one claimed that customary international law had a status comparable to modern-day State law. Part II examines the intermediate positions and concludes that all but that of Bellia and Clark suffer from fundamental flaws. Ramsey's concept of "nonpreemptive federal law" is another name for State law. Thus, Ramsey's approach would replicate one of the problems that most concerned the Founders--the lack of federal judicial power to prevent or remedy violations of customary international law by the States. Young's proposal to employ choice-of-law rules to determine the applicability of customary international law satisfies Erie's requirement that all law applied in this country's courts be either State or federal, but only because choice-of-law rules are themselves creatures of either State or federal law. To the extent that Young would relegate the applicability of customary international law to State choice-of-law rules, his proposal would present severe difficulties stemming from the indeterminacy and inappositeness of such rules, and, like Ramsey's approach, would reproduce the problem that most concerned the Founders. Young's approach would alleviate these problems by allowing for the use of federal choice-of-law rules in some contexts, but he emphasizes that such rules would be applicable very rarely. Aleinikoff's approach would violate the one principle that all agree Erie establishes: that the substantive law applied in the State and federal courts must be the same. The intermediate position of Bradley, Goldsmith, and Moore is problematic because it would place inapposite limits on the judiciary's ability to enforce customary international law as federal law. The intermediate approach proposed by Bellia and Clark is thoroughly convincing, but it is not really intermediate. Their structural argument for according preemptive force to some customary international law is basically the same as the strongest argument for the modem position. The flaw in their argument is that they do not take it far enough. Their structural argument actually provides substantial support for most of the modern position. Part III reconsiders the modem position in the light of the revisionists' argument that the customary international law of today differs in important respects from the state-to-state branch of the law of nations as known to the Founders and as it existed before Erie. The revisionists' concerns about the indeterminacy of customary international law and the loosening of the requirements for recognizing such law have some validity and relevance, but these concerns can be adequately addressed by restricting the range of customary norms having preemptive force to those that satisfy a heightened standard of clarity and acceptance. The revisionists' concerns about the new subjects addressed by customary international law -- in particular, the fact that such law now addresses how a nation treats its own citizens-does not warrant any additional restriction. The final part of the article addresses a seldom-analyzed aspect of the revisionist position--the claim that norms of customary international law that lack the force of preemptive federal law may be given the force of State law through incorporation by State legislatures or courts. The author argues that, for straightforward reasons, the States lack the power to make norms of customary international law applicable to foreign states or officials or federal officials. A State's incorporation of such norms against its own officials or against private parties would pose a less obvious structural problem: because customary international law evolves through the accumulation of state practice and opinio juris, State court decisions regarding the content of such law could, in combination with the acts of other States and foreign states, eventually result in the crystallization of norms of customary international law that the federal government does not support, or the erosion of norms that the federal government does support. State court decisions regarding the content of customary international law thus interfere with the federal executive branch's recognized power to speak for the United States at the international plane regarding the content of such law. This structural problem can be addressed either by denying the States the power to incorporate norms of customary international law or by recognizing the Supreme Court's jurisdiction to review decisions of the State courts regarding the content of customary international law even when such law is relevant to the case only because it has been incorporated as State law. The author concludes that the latter solution is preferable and that such review would be consistent with Article III.

Free Course Book for Course 1: Introduction to Legal Sources in U.S. Intelligence Law

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Author :
Publisher : David Alan Jordan
ISBN 13 :
Total Pages : 340 pages
Book Rating : 4./5 ( download)

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Book Synopsis Free Course Book for Course 1: Introduction to Legal Sources in U.S. Intelligence Law by :

Download or read book Free Course Book for Course 1: Introduction to Legal Sources in U.S. Intelligence Law written by and published by David Alan Jordan. This book was released on with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sources of State Practice in International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004272224
Total Pages : 590 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Sources of State Practice in International Law by : Ralph Gaebler

Download or read book Sources of State Practice in International Law written by Ralph Gaebler and published by Martinus Nijhoff Publishers. This book was released on 2014-06-05 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sources of State Practice in International Law is a descriptive bibliography of both electronic and printed sources of information containing the text of treaties and the record of diplomatic activity of important jurisdictions around the world. As such, it includes an up-to-date description of national treaty portals and other valuable Internet-based sources. At the same time, it also includes descriptions of printed sources providing access to treaties and official diplomatic documentation difficult to locate in standard compilations. In addition, this work includes a narrative section for each jurisdiction summarizing issues related to treaty succession and treaty implementation in municipal law. Sources of State Practice in International Law is an indispensable reference for researchers in both international law and international relations. Contributors: Jennifer Allison, Martin Bouda, Rob Britt, Talia Einhorn, Victor Essien, Gabriela Femenia, Ralph F. Gaebler, Susan Gualtier, Ryan Harrington, Carole L. Hinchcliff, Marci Hoffman, Vera Korzun, Jootaek (Juice) Lee, Joseph Luke, Evelyn Ma, Teresa M. Miguel-Stearns, Dana Neacsu, Kara Phillips, Sunil Rao, Mary Rumsey, Alison A. Shea, Maria I. Smolka-Day, Suzanne Thorpe and Beatrice Tice

Saudi Arabia

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Publisher : DIANE Publishing
ISBN 13 : 1437928382
Total Pages : 55 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Saudi Arabia by : Christopher M. Blanchard

Download or read book Saudi Arabia written by Christopher M. Blanchard and published by DIANE Publishing. This book was released on 2010-11 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Recent Developments; (2) Background: Saudi Arabia (SA)-U.S. Relations, 1931-2001; 9/11 and its Aftermath; Recent Assessments; Terrorist Financing; (3) Congress. Interest in SA: U.S. Foreign Assist. to SA and Prohibitions; Counter-terrorism Assist.; BAE Corruption Inquiry; (4) Current Issues in U.S.-SA Relations; Mil. Cooperation: Counterterrorism; Al Qaeda; Combating Extremism; Arab-Israeli Conflict; SA-Palestinian Relations; SA Policy Priorities in Iraq; U.S.-SA Trade; U.S. Oil Imports and SA Policy; SA Boycott of Israel and WTO Membership; Human Rights, Religious Freedom, and Political Reform; Leadership and Succession; Social Reform Debates and Recent Leadership Changes; Human Rights; Religious Freedom.

Public International Law

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Author :
Publisher : Routledge
ISBN 13 : 1317936418
Total Pages : 923 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Public International Law by : Alina Kaczorowska-Ireland

Download or read book Public International Law written by Alina Kaczorowska-Ireland and published by Routledge. This book was released on 2015-05-08 with total page 923 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 5th edition of Public International Law continues the book’s accessible, student-friendly tradition with a writing style that is both conversational and easy to read. Features designed to support learning include highlighted key cases, introductory chapter overviews, and end-of-chapter aides-mémoire and recommended further reading. Public International Law is unique in that it is both a textbook and a casebook. The facts of each case and the details of the court or tribunal’s decision are succinctly set out, followed by detailed commentary from the author, and, where appropriate, a brief explanation of subsequent events. The book covers all the major areas of public international law, and takes account of new developments relating to the codification of international law by the International Law Commission, State practice, and decisions of international courts and tribunals, in particular those of the International Court of Justice. Features new to this edition: A new dedicated chapter on the law of the sea Diagrammatic aides-mémoire at the end of each chapter Expanded coverage of the US approach to international law via its courts and executive. This book is an ideal learning tool for students of law or political science and provides a clear and straight-forward overview for anyone with an interest in the subject. Alina Kaczorowska-Ireland is Professor of International and EU Law at the University of the West Indies, Cave Hill Campus, Barbados. She is also author of the Routledge textbook, EU Law.