International Law in the U.S. Supreme Court

International Law in the U.S. Supreme Court
Author: David L. Sloss
Publisher: Cambridge University Press
Total Pages: 655
Release: 2011-04-25
Genre: Law
ISBN: 1139497863

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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.

Is International Law International?

Is International Law International?
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 433
Release: 2017
Genre: Law
ISBN: 0190696419

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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.

International Law in the US Legal System

International Law in the US Legal System
Author: Curtis A. Bradley
Publisher: Oxford University Press, USA
Total Pages: 409
Release: 2020
Genre: Law
ISBN: 0197525601

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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 in the U.S. Supreme Court

International Law in the U.S. Supreme Court
Author: David L. Sloss
Publisher:
Total Pages: 656
Release: 2014-05-14
Genre: International and municipal law
ISBN: 9781139077545

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"This book presents a comprehensive account of the Supreme Court's use of international law from the 1790s to the present. The book does not address every passing reference to international law, but it covers all the lines of cases in which international law has played a material role. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago. This book also provides and account of what changed in the Supreme Court's international law doctrine, and when those changes occured"--

Digest of International Law

Digest of International Law
Author: Marjorie Millace Whiteman
Publisher:
Total Pages: 1142
Release: 1963
Genre: International law
ISBN:

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International Law

International Law
Author: Allen S. Weiner
Publisher: Aspen Publishing
Total Pages: 1330
Release: 2023-06-10
Genre: Law
ISBN: 1543840329

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International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system.International Law, Eighth Edition, by the deeply experienced authorship team of Allen S. Weiner, Duncan B. Hollis, and Chimène I. Keitner, provides students with a foundational understanding of international law for those required to confront legal problems across borders, including treaties, customary international law, jurisdiction, and the UN system. International Law, Eighth Edition, offers a comprehensive treatment of contemporary international law, including key recent developments in the field, and provides comprehensive coverage of foundational international law questions faced by practitioners, including the nature and sources of international law, the subjects of international law (states and international organizations), and the jurisdictional powers and immunities of states. Authored by international law professors and leading scholars in the field who also have significant practical experience, the book also addresses key doctrinal topics, with reference to important contemporary foreign policy issues, including (i) international human rights, (ii) the law of the sea, (iii) international environmental law, (iv) the use of force and the law of armed conflict, and (v) international criminal law. New to the Eighth Edition: Detailed treatment of the legal issues arising from Russia’s invasion of Ukraine Vignettes highlighting the operation of international law in other contemporary crises like the COVID-19 pandemic and the Rohingya genocide in Myanmar Deeper comparative treatment of international law principles of jurisdiction and immunity Coverage of major recent international cases including the ICJ’s Advisory Opinion on self-determination (the Separation of the Chagos Archipelago from Mauritius in 1965) and the Dutch Supreme Court case on the international human right to a healthy environment (Netherlands v. Urgenda) Discussion of international law principles governing election interference and other harmful cyber operations Increased diversity of authors and perspectives Professors and students will benefit from: Comprehensive and rigorous treatment of a full range of the most important international issues, crafted in a manner than lends itself to easy customization and adaptable classroom use Thoroughly updated text that includes discussion of important recent legal developments, including important actions by international organizations and decisions by international courts and tribunals along with expert scholarly analysis Presentation of diverse scholarly perspectives of the history and functioning of international law Accessible prose for students new to the topic, along with nuanced analysis for more in-depth discussions

International Law as Law of the United States

International Law as Law of the United States
Author: Jordan J. Paust
Publisher:
Total Pages: 552
Release: 2003
Genre: Law
ISBN:

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A must reference for the practitioner, judge, student, and serious scholar, this revised and updated work provides a thorough and readable text on various types and possibilities of incorporation of international law into our domestic legal processes. The second edition has retained and updated the first six chapters from the first edition and contains the most detailed exposition to date of cases, patterns of use, and trends concerning traditional topics such as customary international law and its incorporation into U.S. law; self-executing treaties and direct and indirect legal effects of treaties; the last-in-time rule and exceptions thereto; priorities among generally coequal laws of the land; presidential powers and duties; remedies or civil and criminal sanctions; and use of human right precepts throughout U.S. history (including attention to actual types of human rights utilized, the right of access to courts, and the right to an effective remedy). Chapters on human rights and the ninth amendment; jurisdiction and enforcement responsibilities with respect to international criminal law; and the peace power have also been retained and updated, while portions of other chapters have been shifted to other sections of the treatise or deleted. The comprehensive and highly useful index has been retained. The treatise is unique in terms of areas of coverage and its attention to detail, including heavily documented research into literally thousands of U.S. cases. "Professor Paust's new book is not only well-written, but it also contains a rich vein of resources that may be worked for profit by teacher, student, researcher, and practitioner." -- American Society of International Law Newsletter, on the first edition "Superlative. The idea is original, the execution exhaustive and the impact, simply overwhelming." -- W.M. Weisman, Wesley N. Hohfeld Professor of Jurisprudence, Yale Law School, on the first edition "This is an excellent work for scholarly law libraries...[and] for small- to mid-sized law libraries and academic libraries that emphasize American law and history." -- Legal Information ALERT "Paust's work reflects a vigorous defense of the cause of international law... [It] reflects an impressive mosaic of the author's views that will undoubtedly continue to spark controversy and debate within our community." -- The American Journal of International Law

International Law and United States Law

International Law and United States Law
Author: John Marshall Rogers
Publisher: Ashgate Publishing
Total Pages: 278
Release: 1999
Genre: Law
ISBN:

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Public international law is a system of binding obligations in international relations. This accessible volume identifies, explains, and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the trendy idea of international law as a sort of "super-constitution" that "controls" the President or Congress; it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider. The middle position is justified by a careful balancing of two important national interests: constitutional separation of powers, and the ability of the United States to benefit from international law. "International law and United States law" is descriptive with respect to the overarching principles of public international law and US constitutional law, yet critical with respect to applications of (and failures to apply) public international law in specific cases. This authoritative work is an invaluable tool for judges and lawyers who rarely encounter international law, and also for students and others interested in the role of international law.

The Court and the World

The Court and the World
Author: Stephen Breyer
Publisher: Vintage
Total Pages: 402
Release: 2015-09-15
Genre: Law
ISBN: 1101946202

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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.

International Law

International Law
Author: Barry E. Carter
Publisher: Aspen Publishers
Total Pages: 1376
Release: 1999
Genre: International law
ISBN:

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When you want sweeping coverage of current foreign policy issues as well as solid treatment of the basic concepts and doctrines of contemporary public international law, this accessible casebook is your best source. Carefully revised for its Third Edition, INTERNATIONAL LAW now features a broader viewpoint within a more concise presentation. This cohesive casebook teaches the current state of the law as well as its prevailing principles. Be sure to examine this modern and effective book before your next course. Carter and Trimble build on their book's recognized strengths: a balanced combination of cases, excerpts, notes, questions, and other materials a distinctively accessible style, with clear organization, relevant cases and problems an effective blend of current issues and materials alongside traditional theories and concepts an examination of hte often stressful relationship between international and domestic law, and public and private law a thorough teaching package, complete with a Teacher's Manual and documents supplement INTERNATIONAL LAW, Third Edition, offers a wealth of new material including in-depth discussions on: non-American perspectives international human rights - individual responsibility, war crimes, and individual culpability international environmental agreements - the Kyoto Protocol on global warming the growth of international dispute resolution revised examples, topics, and cases that reflect recent developments