International Law in the U.S. Legal System

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Author: Curtis A. Bradley

Publisher: Oxford University Press

ISBN: 0190217790

Category: Law

Page: 376

View: 9690

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.

International Law in the U.S. Legal System

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Author: Curtis Bradley

Publisher: OUP USA

ISBN: 0195328590

Category: Law

Page: 256

View: 3331

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.

International Law in the U.S. Supreme Court

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Author: David L. Sloss,Michael D. Ramsey,William S. Dodge

Publisher: Cambridge University Press

ISBN: 1139497863

Category: Law

Page: N.A

View: 2907

From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

Is International Law International?

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Author: Anthea Roberts

Publisher: Oxford University Press

ISBN: 0190696427

Category: Law

Page: 304

View: 5799

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.

The American Legal System for Foreign Lawyers

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Author: Eldon H. Reiley,Connie de la Vega

Publisher: Kluwer Law International

ISBN: 9781454807254

Category: Law

Page: 507

View: 9034

Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading

The Fluid State

International Law and National Legal Systems

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Author: Hilary Charlesworth

Publisher: Federation Press

ISBN: 9781862875685

Category: Law

Page: 286

View: 3782

Traditional accounts of the relationship between international and national law present the interaction between the two as relatively ordered, if conflicting. This limited view of the relationship has become outmoded, as the scope of international legal regulation and the internationalised context of domestic law continue to expand. This book analyses some of the national contexts in which international law and domestic law interact and identifies the way in which attitudes to international law shift between them. Some of the questions considered are: How do perceptions of international law differ according to particular institutional vantage-points, whether that of the executive, the legislature or the judiciary? What is the impact of the perceived democratic deficit in international treaty-making? What are some of the ways in which the judiciary acts as a gatekeeper between the national and international legal orders? How does national politics influence engagement with the international sphere?

The Viet Nam Peace Negotiations

Saigon's Side of the Story

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Author: Nguyen Phu Duc,Phu Duc Nguyen

Publisher: Dalley Book Service, Inc.

ISBN: 9780923135829

Category: History

Page: 463

View: 3595

An account of the peace negotiations between the United States and Vietnam during the Vietnam War by the Special Assistant for Foreign to the President of the Republic of Vietnam.

Law and Agonistic Politics

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Author: Dr Andrew Schaap

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409496430

Category: Law

Page: 242

View: 1511

The Ancient Greek notion of agonism, meaning struggle, has been revived in radical legal and political theory to rethematize class conflict and to conceptualize the conditions of possibility of freedom and social transformation in contemporary society. Insisting that what is ultimately at stake in politics are the terms in which social conflict is represented, agonists highlight the importance of the strategic, affective and aesthetic aspects of politics for democratic praxis. This volume examines the implications of this critical perspective for understanding law and considers how law serves either to sustain or curtail the democratic agon. While sharing a critical perspective on the deliberative turn in legal and political theory and its tendency to depoliticize social conflict, the various contributors to this volume diverge in arguing variously for pragmatic, expressivist or strategic conceptions of agonism. In doing so they question the glib assumptions that often underlie a sometimes too easy celebration of conflict as an antidote to de-politicizing consensus. This thought provoking volume will be of interest to students and researchers working in legal and political theory and philosophy.

Meeting the Enemy

American Exceptionalism and International Law

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Author: Natsu Taylor Saito

Publisher: NYU Press

ISBN: 9780814741252

Category: Law

Page: 384

View: 7773

Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture. America’s selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States’ frequent—if selective—disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.