Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia (Jr) and published by Oxford University Press. This book was released on 2017 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of nations and the Constitution -- The law merchant and the Constitution -- The law of state-state relations and the Constitution -- The law of state-state relations in federal courts -- The law maritime and the Constitution -- Modern customary international law -- The inadequacy of existing theories of customary -- Judicial enforcement of customary international law against foreign nations -- Judicial enforcement of customary international law against the United States -- Judicial enforcement of customary international law against U.S. states

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Law of Nations and the United States Constitution written by Anthony J. Bellia Jr. and published by Oxford University Press. This book was released on 2017-03-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted--namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.

Download or read book America and the Law of Nations 1776 1939 written by Mark W. Janis and published by OUP UK. This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book narrates the important role that international law has played in America and the crucial if complex story of America's place in promoting and frustrating international law. Based on the stories of key figures in American history and written in an accessible style, it is a must read for anyone interested in America's place in the world.

Download or read book The Law of Nations and Natural Law 1625 1800 written by Simone Zurbuchen and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twelve international scholars offer innovative studies of the law of nations from the Peace of Westphalia to the Enlightenment. The focus is on little known contexts and sources, and on novel interpretations of classics in the field.

Download or read book On the Law of Nations written by Daniel Patrick Moynihan and published by Harvard University Press. This book was released on 1990 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Senator from New York offers an insightful account of American attitudes toward international law from the founding of the Republic to the present day. He reveals Americans to be generally well-disposed toward a law of nations, notwithstanding the contrary values of the US government over the last decade. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Download or read book Before Anarchy written by Theodore Christov and published by Cambridge University Press. This book was released on 2015 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the twentieth-century 'Hobbesian anarchy', Before Anarchy reconsiders the originality and reception of Hobbes's interpersonal and international state of nature.

Download or read book The United Nations Charter as the Constitution of the International Community written by Bardo Fassbender and published by BRILL. This book was released on 2009 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Download or read book Literature and the Law of Nations 1580 1680 written by Christopher Norton Warren and published by Oxford University Press, USA. This book was released on 2015 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Literature and the Law of Nations, 1580-1680 is a literary history of international law, which seeks to revise the ways scholars understand early modern English literature in relation to the history of international law.

Download or read book Indonesian Law written by Tim Lindsey and published by Oxford University Press. This book was released on 2018-09-05 with total page 651 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Download or read book A Companion to U S Foreign Relations written by Christopher R. W. Dietrich and published by John Wiley & Sons. This book was released on 2020-03-04 with total page 1518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the entire range of the history of U.S. foreign relations from the colonial period to the beginning of the 21st century. A Companion to U.S. Foreign Relations is an authoritative guide to past and present scholarship on the history of American diplomacy and foreign relations from its seventeenth century origins to the modern day. This two-volume reference work presents a collection of historiographical essays by prominent scholars. The essays explore three centuries of America’s global interactions and the ways U.S. foreign policies have been analyzed and interpreted over time. Scholars offer fresh perspectives on the history of U.S. foreign relations; analyze the causes, influences, and consequences of major foreign policy decisions; and address contemporary debates surrounding the practice of American power. The Companion covers a wide variety of methodologies, integrating political, military, economic, social and cultural history to explore the ideas and events that shaped U.S. diplomacy and foreign relations and continue to influence national identity. The essays discuss topics such as the links between U.S. foreign relations and the study of ideology, race, gender, and religion; Native American history, expansion, and imperialism; industrialization and modernization; domestic and international politics; and the United States’ role in decolonization, globalization, and the Cold War. A comprehensive approach to understanding the history, influences, and drivers of U.S. foreign relation, this indispensable resource: Examines significant foreign policy events and their subsequent interpretations Places key figures and policies in their historical, national, and international contexts Provides background on recent and current debates in U.S. foreign policy Explores the historiography and primary sources for each topic Covers the development of diverse themes and methodologies in histories of U.S. foreign policy Offering scholars, teachers, and students unmatched chronological breadth and analytical depth, A Companion to U.S. Foreign Relations: Colonial Era to the Present is an important contribution to scholarship on the history of America’s interactions with the world.

Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation

Download or read book Peace Pact written by David C. Hendrickson and published by University Press of Kansas. This book was released on 2003-04-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: That New England might invade Virginia is inconceivable today. But interstate rivalries and the possibility of intersectional war loomed large in the thinking of the Framers who convened in Philadelphia in 1787 to put on paper the ideas that would bind the federal union together. At the end of the Constitutional Convention, Benjamin Franklin rejoiced that the document would "astonish our enemies, who are waiting to hear with confidence . . . that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats." Usually dismissed as hyperbole, this and similar remarks by other Founders help us to understand the core concerns that shaped their conception of the Union. By reexamining the creation of the federal system of the United States from a perspective that yokes diplomacy with constitutionalism, Hendrickson's study, according to Karl Walling, "introduces a new way to think about what is familiar to us." This ground breaking book, then, takes a fresh look at the formative years of American constitutionalism and diplomacy. It tells the story of how thirteen colonies became independent states and found themselves grappling with the classic problems of international cooperation, and it explores the intellectual milieu within which that problem was considered. The founding generation, Hendrickson argues, developed a sophisticated science of international politics relevant both to the construction of their own union and to the foreign relations of "the several states in the union of the empire." The centrality of this discourse, he contends, must severely qualify conventional depictions of early American political thought as simply "liberal" or "republican." Hendrickson also takes issue with conventional accounts of early American foreign policy as "unilateralist" or "isolationist" and insists that the founding generation belonged to and made distinguished contributions to the constitutional tradition in diplomacy, the antecedent of twentieth-century internationalism. He describes an American system of states riven by deep sectional animosities and powerful loyalties to colonies and states (often themselves described as "nations") and explains why in such a milieu the creation of a durable union often appeared to be a quixotic enterprise. The book culminates in a consideration of the making of the federal Constitution, here styled as a peace pact or experiment in international cooperation. Peace Pact is an important book that promises to revolutionize our understanding of the era of revolution and constitution-making. Written in a lucid and accessible style, the book is an excellent introduction to the American founding and its larger significance in American and world history.

Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

Download or read book Brierly s Law of Nations written by Andrew Clapham and published by OUP Oxford. This book was released on 2012-08-09 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This concise book is an introduction to the role of international law in international relations. Written for lawyers and non-lawyers alike, the book first appeared in 1928 and attracted a wide readership. This new edition builds on Brierly's scholarship and his idea that law must serve a social purpose. Previous editions of The Law of Nations have been the standard introduction to international law for decades, and are widely popular in many different countries due to the simplicity and brevity of the prose style. Providing a comprehensive overview of international law, this new version of the classic book retains the original qualities and is again essential reading for all those interested in learning what role the law plays in international affairs. The reader will find chapters on traditional and contemporary topics such as: the basis of international obligation, the role of the UN and the International Criminal Court, the emergence of new states, the acquisition of territory, the principles covering national jurisdiction and immunities, the law of treaties, the different ways of settling international disputes, and the rules on resort to force and the prohibition of aggression.