International Law and United States Law

Front Cover
Ashgate/Dartmouth, Jan 1, 1999 - Law - 254 pages
Public international law is a system of binding obligations in international relations. This accessible volume identifies, explains, and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the trendy idea of international law as a sort of "super-constitution" that "controls" the President or Congress; it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider. The middle position is justified by a careful balancing of two important national interests: constitutional separation of powers, and the ability of the United States to benefit from international law. "International law and United States law" is descriptive with respect to the overarching principles of public international law and US constitutional law, yet critical with respect to applications of (and failures to apply) public international law in specific cases. This authoritative work is an invaluable tool for judges and lawyers who rarely encounter international law, and also for students and others interested in the role of international law.

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Contents

What is International Law?
1
The Paquete HabanaA Model Customary Law Proof
5
Treaties Custom and Jus Cogens
14
Copyright

10 other sections not shown

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About the author (1999)

Rogers, Judge, U.S. Court of Appeals for the Sixth Circuit; Thomas P. Lewis Professor of Law Emeritus University of Kentucky College of Law.

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