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Medellin The Alien Tort Statute And The Domestic Status Of International Law
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Book Synopsis Medellin, the Alien Tort Statute, and the Domestic Status of International Law by : David H. Moore
Download or read book Medellin, the Alien Tort Statute, and the Domestic Status of International Law written by David H. Moore and published by . This book was released on 2015 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Book Synopsis International Law in the U.S. Supreme Court by : David L. Sloss
Download or read book International Law in the U.S. Supreme Court written by David L. Sloss and published by Cambridge University Press. This book was released on 2011-04-25 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Is International Law International? by : Anthea Roberts
Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 2020-11-20 with total page 376 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.
Book Synopsis International Law in the U.S. Legal System by : Curtis Bradley
Download or read book International Law in the U.S. Legal System written by Curtis Bradley and published by OUP USA. This book was released on 2013-03-21 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Georgia Journal of International & Comparative Law by :
Download or read book Georgia Journal of International & Comparative Law written by and published by . This book was released on 2011 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The U.S. Supreme Court and the Domestic Force of International Human Rights Law by : Stephen A. Simon
Download or read book The U.S. Supreme Court and the Domestic Force of International Human Rights Law written by Stephen A. Simon and published by Lexington Books. This book was released on 2016-07-25 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Court and the World by : Stephen Breyer
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2015-09-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Book Synopsis Human rights and the alien tort statute by :
Download or read book Human rights and the alien tort statute written by and published by American Bar Association. This book was released on with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative International Law by : Anthea Roberts
Download or read book Comparative International Law written by Anthea Roberts and published by Oxford University Press. This book was released on 2018 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Brownlie's Principles of Public International Law by : Ian Brownlie
Download or read book Brownlie's Principles of Public International Law written by Ian Brownlie and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 885 pages. Available in PDF, EPUB and Kindle. Book excerpt: Serving as a single volume introduction to the field as a whole, this book seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It identifies the constituent elements of that system in a clear and accessible fashion.
Download or read book Coercing Virtue written by Robert H. Bork and published by Vintage Canada. This book was released on 2010-07-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue
Book Synopsis Interdisciplinary Perspectives on International Law and International Relations by : Jeffrey L. Dunoff
Download or read book Interdisciplinary Perspectives on International Law and International Relations written by Jeffrey L. Dunoff and published by Cambridge University Press. This book was released on 2013 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: Influential writers on international law and international relations explore the making, interpretation and enforcement of international law.
Book Synopsis International Law and Domestic Legal Systems by : Dinah Shelton
Download or read book International Law and Domestic Legal Systems written by Dinah Shelton and published by OUP Oxford. This book was released on 2011-09-29 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Different countries incorporate and interpret international law in different ways. This book provides a systematic analysis of the domestic constitutional regime of over two dozen countries, setting out the status accorded to international law in those countries and its normative weight, as well as problems relating to its implementation. This country-by-country comparison allows the book to examine how the international legal order and domestic legal systems interact and influence each other. Through a series of chapters on the role of international law in 27 countries throughout the world, it shows a growing tendency towards greater democratic participation in treaty-making coupled with a significant utilization of informal agreements that by-pass such participation, as well as a role for non-binding normative instruments as persuasive authority in domestic judicial decision-making. The chapters suggest a stronger attachment to international law in legal systems that have survived a period of repression, resulting in many cases in a higher normative status for international human rights instruments in those states. The impact of the European Union on the constitutional order of its member states is also examined.
Book Synopsis The Cambridge Handbook of Immunities and International Law by : Tom Ruys
Download or read book The Cambridge Handbook of Immunities and International Law written by Tom Ruys and published by Cambridge University Press. This book was released on 2019-04-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging field for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a 'state of flux', the divergent – and at times directly conflicting - approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of thirty-four expertly written contributions, the present volume uniquely provides a comprehensive tour d'horizon of international immunity law, traversing a wealth of national and international practice.
