International Law In The Us Legal System

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 409 pages
File Size : 44,9 Mb
Release : 2020-12-01
Category : Law
ISBN : 9780197525630

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International Law in the US Legal System by Curtis A. Bradley Pdf

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.

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 376 pages
File Size : 48,6 Mb
Release : 2020-11-20
Category : Law
ISBN : 9780197525623

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International Law in the US Legal System by Curtis A. Bradley Pdf

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.

Author : Curtis A. Bradley
Publisher : Oxford University Press
Page : 376 pages
File Size : 45,5 Mb
Release : 2015-03-24
Category : Law
ISBN : 9780190217785

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International Law in the U.S. Legal System by Curtis A. Bradley Pdf

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.

Author : Jean d'Aspremont
Publisher : Taylor & Francis
Page : 496 pages
File Size : 51,9 Mb
Release : 2011-04-20
Category : Law
ISBN : 9781136724930

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Participants in the International Legal System by Jean d'Aspremont Pdf

The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

Author : Hilary Charlesworth
Publisher : Federation Press
Page : 308 pages
File Size : 44,6 Mb
Release : 2005
Category : Law
ISBN : 1862875685

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The Fluid State by Hilary Charlesworth Pdf

The Fluid State was cited by the High Court in Momcilovic v The Queen [2011] HCA 34 (8 September 2011)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 contributors bring a range of different perspectives: politics, law and international relations. They include influential scholars such as Mayo Moran, Ann Capling, John Uhr, Andrew Byrnes and Janet MacLean and they discuss contemporary issues, such as the Australia-US Free Trade Agreement and the 2003 Iraq War.

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 45,6 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : John E. Noyes,Laura Anne Dickinson,Mark W. Janis
Publisher : Foundation Press
Page : 468 pages
File Size : 55,9 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105064224020

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International Law Stories by John E. Noyes,Laura Anne Dickinson,Mark W. Janis Pdf

This title sets the most significant international law cases in their social, political, and historical context. It showcases 13 essays by leading international law experts. The essays are organized in three groupings: stories about the development of international human rights law, stories about the use of international law in the U.S. legal system, and stories about international law's impact on interstate politics and the global economy. Experienced international law scholars, teachers, and practitioners will discover valuable new insights, and readers new to international law will find that the book quickly immerses them in the most significant developments in the field.

Author : Anonim
Publisher : Unknown
Page : 1178 pages
File Size : 46,8 Mb
Release : 1986
Category : International law
ISBN : UVA:X001442584

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Digest of United States Practice in International Law by Anonim Pdf

Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell
Publisher : Unknown
Page : 180 pages
File Size : 46,9 Mb
Release : 2019-09-27
Category : Electronic
ISBN : 1680923021

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Business Law I Essentials by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.),Renee de Assis,Suzanne Cardell Pdf

A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Author : Gerhard von Glahn,James Larry Taulbee
Publisher : Routledge
Page : 1056 pages
File Size : 51,9 Mb
Release : 2015-07-14
Category : Law
ISBN : 9781317346906

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Law Among Nations by Gerhard von Glahn,James Larry Taulbee Pdf

Offering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the field's development and stressing key principles and processes. This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law. Learning Goals Trace the development of International Law through key principles and processes. Illustrate important issues and theories using excerpts from landmark cases.

Author : Lucrecia García Iommi,Richard W Maass
Publisher : University of Michigan Press
Page : 365 pages
File Size : 54,9 Mb
Release : 2022-07-26
Category : Political Science
ISBN : 9780472220274

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The United States and International Law by Lucrecia García Iommi,Richard W Maass Pdf

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.

Author : David Haljan
Publisher : Springer Science & Business Media
Page : 335 pages
File Size : 52,6 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048583

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Separating Powers: International Law before National Courts by David Haljan Pdf

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law–making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

Author : Michael John Garcia
Publisher : DIANE Publishing
Page : 19 pages
File Size : 46,5 Mb
Release : 2011-04
Category : Law
ISBN : 9781437930269

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International Law and Agreements by Michael John Garcia Pdf

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.

Author : Thomas Buergenthal,Sean D. Murphy
Publisher : West Academic Publishing
Page : 436 pages
File Size : 45,9 Mb
Release : 2002
Category : International and municipal law
ISBN : STANFORD:36105063691542

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Public International Law in a Nutshell by Thomas Buergenthal,Sean D. Murphy Pdf

Provides an overview of contemporary international law and signposts for additional research. Includes chapters on the law of the sea, international environmental law, the use of force and arms control. Text explores the application and relevance of international law, as well as its sources. Discusses international organizations, dispute settlement, International Law of Treaties, and the rights of individuals. In addition, the text addresses jurisdiction, U.S. foreign relations law, and immunities. Also features international legal research sources and methods.

Author : Marjorie Millace Whiteman
Publisher : Unknown
Page : 1320 pages
File Size : 42,9 Mb
Release : 1968
Category : International law
ISBN : STANFORD:36105062406843

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Digest of International Law by Marjorie Millace Whiteman Pdf