The Law of U.S. Foreign Relations
| Författare: | Murphy Sean D. , Swaine Edward T. |
| Titel: | The Law of U.S. Foreign Relations |
| Utgivningsår: | 2023 |
| Omfång: | 1064 sid. |
| Förlag: | Oxford University Press |
| ISBN: | 9780199361977 |
| Produkttyp: | Inbunden |
| Ämnesord: | Offentlig rätt , Utländsk rätt |
Pris: 2553 SEK exkl. moms 
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 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. - Offers a comprehensive overview of the rules that govern the conduct of U.S. relations with foreign countries and international organizations - Analyzes the rules governing how international law applies within the U.S. legal system - Examines constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs, including tensions between the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act - Discusses controversial issues like the immunity of foreign heads of State, treatment of Guantánamo detainees, movement of the U.S. Embassy in Israel to Jerusalem, and bans affecting refugees and asylum-seekers - Explains recent interpretations of key statutes, including the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act Table of Contents Foreword by Judge Stephen M. Schwebel General Preface Methodological Preface Acknowledgements Table of Short Forms for Commonly-Cited Authorities Chapter 1. Allocating and Balancing Foreign Relations Powers Chapter 2. Legislating Foreign Relations Chapter 3. Conducting Foreign Relations Chapter 4. Judging Foreign Relations Chapter 5. Customary International Law Chapter 6. Treaties and Other International Agreements Chapter 7. International Organizations Chapter 8. War Powers Chapter 9. Federalism and Foreign Relations Chapter 10. Individual Rights and Foreign Relations Index of Constitutional Provisions Index of Cases Index of Treaties |