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International Law in the U S Legal System

International Law in the U S  Legal System Author Curtis A. Bradley
ISBN-10 9780190217792
Release 2015-03-24
Pages 376
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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 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.



U S Legal Practice Skills for International Law Students

U  S  Legal Practice Skills for International Law Students Author Anne M. Burr
ISBN-10 1611631084
Release 2014-10-10
Pages 385
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U.S. Legal Practice Skills for International Law Students is ideal for training international law students in the fundamental practice skills utilized by U.S. lawyers. It functions as a ''global legal skills academy'' for international students who have or are currently studying American substantive law, but desire a deeper understanding of legal practice basics such as professional responsibility, problem solving, interviewing and counseling, negotiation styles, and law firm and courtroom culture. It focuses on those practice skills necessary to perform the tasks common to international law students and lawyers working with American corporations, law firms, and individual American clients: drafting memoranda, contracts, and correspondence. For international students familiar with their own legal systems, the book systematically explains such distinctive elements of American common law as a dual court system, stare decisis, case synthesis, and case law reasoning. U.S. Legal Practice Skills for International Law Students incorporates a multicultural perspective, including discussions of cross-cultural considerations impacting the practice of law. The chapters are clear and concise, major points are summarized as bulleted highlights, and extensive use is made of headings and subheadings. Based on established legal skills pedagogy, each chapter begins with a client hypothetical and ends with a discussion of the application of the material to resolve the client's problem. The text also includes an extensive selection of sample documents, a glossary of U.S. legal concepts, a link to past Multistate Practice Tests with the bar examiners' test sheets, and a topically organized appendix of resources. The book reflects the authors' experience as lawyers, as professors of practice skills for international LL.M. students at the University of Michigan Law School, and as the creators and first visiting professors in the legal practice program for the first Western-style law school in China.



International Law and Agreements

International Law and Agreements Author Michael John Garcia
ISBN-10 9781437930269
Release 2011-04
Pages 16
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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.



Landmark Cases in Public International Law

Landmark Cases in Public International Law Author Eirik Bjorge
ISBN-10 9781509918799
Release 2017-12-28
Pages 592
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The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.



Supreme Law of the Land

Supreme Law of the Land Author Paul R. Dubinsky
ISBN-10 9781107066601
Release 2017-09-21
Pages 516
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How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.



United States Hegemony and the Foundations of International Law

United States Hegemony and the Foundations of International Law Author Michael Byers
ISBN-10 1139436635
Release 2003-05-29
Pages
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Successive hegemonic powers have shaped the foundations of international law. This book examines whether the predominance of the United States is leading to foundational change in the international legal system. A range of leading scholars in international law and international relations consider six foundational areas that could be undergoing change, including international community, sovereign equality, the law governing the use of force, and compliance. The authors demonstrate that the effects of US predominance on the foundations of international law are real, but also intensely complex. This complexity is due, in part, to a multitude of actors exercising influential roles. And it is also due to the continued vitality and remaining functionality of the international legal system itself. This system limits the influence of individual states, while stretching and bending in response to the changing geopolitics of our time.



The Court and the World

The Court and the World Author Stephen Breyer
ISBN-10 9781101912072
Release 2016-08
Pages 400
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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."--Publisher's description.



International Law in the U S Supreme Court

International Law in the U S  Supreme Court Author David L. Sloss
ISBN-10 9781139497862
Release 2011-04-25
Pages
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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.



Meeting the Enemy

Meeting the Enemy Author Natsu Taylor Saito
ISBN-10 0814741258
Release 2010-03-01
Pages 384
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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.



The Individual in the International Legal System

The Individual in the International Legal System Author Kate Parlett
ISBN-10 9781139499972
Release 2011-04-14
Pages
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Kate Parlett's study of the individual in the international legal system examines the way in which individuals have come to have a certain status in international law, from the first treaties conferring rights and capacities on individuals through to the present day. The analysis cuts across fields including human rights law, international investment law, international claims processes, humanitarian law and international criminal law in order to draw conclusions about structural change in the international legal system. By engaging with much new literature on non-state actors in international law, she seeks to dispel myths about state-centrism and the direction in which the international legal system continues to evolve.



Participants in the International Legal System

Participants in the International Legal System Author Jean d'Aspremont
ISBN-10 9781136724930
Release 2011-04-20
Pages 496
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The book features contributions by renowned scholars each of whom looks at a region, theory or tradition of international law, and considers how that approach to international law has determined the understanding of the role and status of non-State actors within that particular school of thought. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental to that perception of non-State actors. In undertaking this study the book necessarily assess the current position of the State in the international legal order and examine the contemporary changes that have affected the State itself.



International law as law of the United States

International law as law of the United States Author Jordan J. Paust
ISBN-10 STANFORD:36105063619436
Release 2003-10
Pages 532
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International law as law of the United States has been writing in one form or another for most of life. You can find so many inspiration from International law as law of the United States also informative, and entertaining. Click DOWNLOAD or Read Online button to get full International law as law of the United States book for free.



Implementation of International Law in the United States

Implementation of International Law in the United States Author Johan D. Van der Vyver
ISBN-10 3631598807
Release 2010
Pages 309
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Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and "Volkerrechtsfreundlichkeit.""



Is International Law International

Is International Law International Author Anthea Roberts
ISBN-10 9780190696436
Release 2017-09-18
Pages 304
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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.



United States Practice in International Law 2002 2004

United States Practice in International Law  2002 2004 Author Sean D. Murphy
ISBN-10 0521750717
Release 2002
Pages 420
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First published in 2006, this essential tool for researchers and practitioners captures the international law practice of a global player.



Cases and Materials on the International Legal System

Cases and Materials  on  the International Legal System Author Mary Ellen O'Connell
ISBN-10 1599411830
Release 2010
Pages 1224
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In this thorough revision and update of a classic international law casebook, you will find a comprehensive introduction to the international law of today. The authors have written a highly teachable text that ensures students learn the foundations as well as the latest developments in international law--from the law of piracy to the law of cyberspace. The authors are noted specialists with years of experience in both the practice and teaching of international law. They believe this book will uniquely prepare students for the global practice of law.



International Law and Domestic Legal Systems

International Law and Domestic Legal Systems Author Dinah Shelton
ISBN-10 9780191029769
Release 2011-09-29
Pages 752
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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.