Download or read book Judicial Aspects of Foreign Relations written by Louis Leventhal Jaffe and published by . This book was released on 1968 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tables of cases, statutes, treatises, diplomatic correspondence and secondary authorities: p. [241]-257.
Download or read book Judicial Aspects of Foreign Relations written by Louis Leventhal Jaffe and published by . This book was released on 1968 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Aspects of Foreign Relations written by Lousi Leventhal Jaffe and published by . This book was released on 1933 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restoring the Global Judiciary written by Martin S. Flaherty and published by Princeton University Press. This book was released on 2022-05-17 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Download or read book Political Questions Judicial Answers written by Thomas M. Franck and published by Princeton University Press. This book was released on 2012-05-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
Download or read book Foreign Relations Law written by Campbell McLachlan and published by Cambridge University Press. This book was released on 2014-09-04 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading casebook in foreign relations, Foreign Relations Law: Cases andExamples, examines the constitutional and statutory law that regulates theconduct of contemporary U.S. foreign relations. Using a compelling mix of caseand noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad andinternational cases in which the U.S. exercises jurisdiction. Its extensivecoverage of contemporary legal controversies and the grey areas betweeninternational and domestic affairs make this casebook a perennial favorite.The Fourth Edition has been updated to include the resounding effectsthe "war on terror" is having on all aspects of foreign relations policy andthe laws relating to detention, interrogation, surveillance, state secrets,habeas corpus and target killing. The impacts of recent events, such as U.S.military involvement in Libya, are given thorough treatment. New court casesaffecting habeas corpus and non-U.S. citizens, the president's authority todetain alleged terrorists, and immunity for foreign officials in civil suitsare also included. In addition, there is new section on legal regulation ofCIA covert operations and clandestine operations by the U.S. military.Hallmark features of Foreign Relations Law:Extensive coverage of contemporary foreign relations law controversies,including:The scope of the president's war powers and the validity ofexecutive agreements.The legal framework for the post-September 11 "war on terrorism."Judicial reliance on foreign and international materials to interpretthe Constitution.Extraterritorial application of federal law.The relationship between national foreign affairs powers, including thetreaty power, and structural principles of federalism and separation of powers.The status of customary international law in the U.S. legal system,including international human rights litigation in U.S. courts.Cohesive theoretical framework that illuminates:The increasing importance of the intersection between international law andU.S. domestic law, and the blurred line between domestic and foreign affairs.The importance of constitutional structure in regulating foreign affairs.The historical relevance of modern controversies.The ways constitutional law on foreign affairs is often developed outsidethe courts.Detailed Teacher's ManualExtensive Notes and Questions for each topicCompelling mix of cases and noncase materialsThe revised Fourth Edition includes:New section on legal regulation of covert operations by the CIAand clandestine operations by the U. S. military.Revision of the war powers material to include recent developments,including U.S. military operations in Libya, and issues andthe debate surrounding the war on terrorism.Discussion of recent war on terror decisions by the D.C. Circuit andthe D.C. District Court, including Al-Bihani v. Obama, Maqaleh v.Gatesand Al-Aulaqi v. Obama.Excerpt from U.S. Supreme Court's decision in Samantar v. Yousuf,concerning immunity of foreign officials in civil suits brought inU.S. Courts.Excerpt of Second Circuit's decision in Kiobel v. Royal DutchPetroleum Co., concerning the ability of human rights victims tosue corporations under the Alien Tort Statute.Notes and Questions
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2024 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--
Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishing. This book was released on 2020-02-02 with total page 1892 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Seventh Edition, examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background. New to the Seventh Edition: Addition of a third author, Ashley Deeks, a scholar with government experience as well as significant expertise in national security law, the laws of war, and intelligence gathering New excerpt of and extensive notes on the Supreme Court’s 2018 “travel ban” decision, Trump v. Hawaii Coverage of the Supreme Court’s 2018 Alien Tort Statute decision, Jesner v. Arab Bank Extensive discussion of recent treaty terminations by the Trump administration Discussion of the ongoing litigation concerning “sanctuary jurisdictions” in some states and localities Notes and questions on recent war powers developments, including on the use of force against the Islamic State and in Syria Updated notes and questions throughout the book to take account of recent cases, statutes, executive branch actions, and scholarship Professors and students will benefit from: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples
Download or read book Shaping Foreign Policy in Times of Crisis written by Michael P. Scharf and published by Cambridge University Press. This book was released on 2010-01-11 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
Download or read book Encounters between Foreign Relations Law and International Law written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2021-06-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign relations law and public international law are two closely related academic fields that tend to speak past each other. As this innovative volume shows, the two are closely interrelated and depend on each other for their mutual construction and identity. A better understanding of this relationship is of vital importance for upholding important constitutional values like democracy, the rule of law and the protection of human rights, while enabling states to engage in meaningful forms of international cooperation. The book takes a close look at the encounters between the two fields and offers perspectives for a constructive engagement between the two. Collectively, the contributions argue that the delimitation between the two fields occurs in a hybrid zone of interaction which requires both bridges and boundaries: bridges for the construction of the relationship between the two fields, and boundaries for preserving key normative expectations of both domestic and international law. This title is also available as Open Access on Cambridge Core.
Download or read book The World Court written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1934 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book International Law written by Phillip R. Trimble and published by . This book was released on 2002 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this law school casebook is on constitutional law as it relates to the conduct of foreign relations, primarily with that subfield dealing with the "separation of powers." Foreign relations law refers to the rules, principles, practices and procedures which structure the formation and execution of U.S. foreign policy, including it's participation in international law and institutions.
Download or read book The Restatement and Beyond written by Paul B. Stephan and published by Oxford University Press. This book was released on 2020-09-18 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.
Download or read book Judicial Apects of Foreign Relations written by Louis Leventhal Jaffe and published by . This book was released on 1933 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
