International Law and United States Law
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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What is International Law?
The Paquete HabanaA Model Customary Law Proof
Treaties Custom and Jus Cogens
10 other sections not shown
2d Cir action Alien Tort Statute Alvarez-Machain Amendment American apply argued argument authority binding obligations Bradley Breard Chapter civil commercial compliance comply Congress crime criminal Cuba customary international law customary law D.C. Cir Dames & Moore decision determine diplomatic district court doctrine domestic courts domestic law effect enforcement Evidence Convention executive agreement Executive Branch exercise extradition treaty F.Supp federal common law federal courts federal government federal statute foreign state violations FSIA Helms-Burton Act human rights instance Int'l international legal system international obligations jurisdiction jus cogens Justice law of nations legislation limited Matls Paquete Habana parties peremptory norm permit piracy political branches practice preclude President principle public international law relied Rule of Interpretation Schooner Exchange self-executing treaty sovereign immunity statutory suit supra Supremacy Clause territory theory treaty obligation treaty provision U.S. Constitution U.S. courts U.S. Supreme Court vessels Vienna Convention violations of international