The restatement and beyond : the past, present, and future of U.S. foreign relations law / edited by Paul B. Stephan and Sarah H. Cleveland.
2020
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Title
The restatement and beyond : the past, present, and future of U.S. foreign relations law / edited by Paul B. Stephan and Sarah H. Cleveland.
Imprint
New York, NY : Oxford University Press, [2020]
Description
1 online resource (xi, 588 pages)
Formatted Contents Note
Introduction : The Role of the Restatements in U.S. Foreign Relations / Sarah H. Cleveland & Paul B. Stephan
From the Third to the Fourth Restatement of Foreign Relations : The Rise and Potential Fall of Foreign Affairs Exceptionalism / G.E. White
Could the President Unilaterally Terminate All International Agreements? : Questioning Section 313 / Harold Hongju Koh
Taking Treaty Implementing Statutes Seriously / Samuel Estreicher
The Fourth Restatement's Treatment of International Law and Administrative Law / Jean Galbraith
Article II Treaties and Signaling Theory / Curtis A. Bradley
Federalizing International Law / Gary Born
The Waning of the Federal Common Law of Foreign Relations / Paul B. Stephan
Restating The Charming Betsy as A Canon of Avoidance /
Anthony J. Bellia, Jr. & Bradford R. Clark
Personal Jurisdiction and Fifth Amendment Due Process Revisited / Chimène I. Keitner
Customary International Law and U.S. Judicial Power : From the Third to the Fourth Restatements / Thomas H. Lee
International Law in U.S. Courts Within the Limits of the Constitution / John Harrison
Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404) / Hannah Buxbaum & Ralf Michaels
Adjudicatory Jurisdiction and Public International Law : The Fourth Restatement's New Approach / Austen Parrish
International Comity in the Fourth Restatement / William S. Dodge
Toward the Fifth Restatement of U.S. Foreign Relations Law : The Future of Adjudicative Jurisdiction under International Law / Pamela K. Bookman
Forum Non Conveniens in the Fourth Restatement / Donald E. Childress III
Territoriality and Its Troubles / George Rutherglen
The Fourth Restatement, International Law, and the "Terrorism" Exception to the Foreign Sovereign Immunities Act / Beth Stephens
The Jurisdictional Immunities of International Organizations : Recent Developments and the Challenges of the Future / David P. Stewart & Ingrid Wuerth
Foreign-Official Immunity under the Common Law / John B. Bellinger III & Stephen K. Wirth
Constitutional Authority for the Transboundary Deployment of Armed Force / Bakhtiyar Tuzmukhamedov
Sleeping Dogs : The Fourth Restatement and International Humanitarian Law / Ashley Deeks
Consider the Source : Evidence and Authority in the Fourth Restatement / Edward Swaine
The Restatements of Foreign Relations and the Rule of Law / Kristina Daugirdas
Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability? / Jide Nzelibe.
From the Third to the Fourth Restatement of Foreign Relations : The Rise and Potential Fall of Foreign Affairs Exceptionalism / G.E. White
Could the President Unilaterally Terminate All International Agreements? : Questioning Section 313 / Harold Hongju Koh
Taking Treaty Implementing Statutes Seriously / Samuel Estreicher
The Fourth Restatement's Treatment of International Law and Administrative Law / Jean Galbraith
Article II Treaties and Signaling Theory / Curtis A. Bradley
Federalizing International Law / Gary Born
The Waning of the Federal Common Law of Foreign Relations / Paul B. Stephan
Restating The Charming Betsy as A Canon of Avoidance /
Anthony J. Bellia, Jr. & Bradford R. Clark
Personal Jurisdiction and Fifth Amendment Due Process Revisited / Chimène I. Keitner
Customary International Law and U.S. Judicial Power : From the Third to the Fourth Restatements / Thomas H. Lee
International Law in U.S. Courts Within the Limits of the Constitution / John Harrison
Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404) / Hannah Buxbaum & Ralf Michaels
Adjudicatory Jurisdiction and Public International Law : The Fourth Restatement's New Approach / Austen Parrish
International Comity in the Fourth Restatement / William S. Dodge
Toward the Fifth Restatement of U.S. Foreign Relations Law : The Future of Adjudicative Jurisdiction under International Law / Pamela K. Bookman
Forum Non Conveniens in the Fourth Restatement / Donald E. Childress III
Territoriality and Its Troubles / George Rutherglen
The Fourth Restatement, International Law, and the "Terrorism" Exception to the Foreign Sovereign Immunities Act / Beth Stephens
The Jurisdictional Immunities of International Organizations : Recent Developments and the Challenges of the Future / David P. Stewart & Ingrid Wuerth
Foreign-Official Immunity under the Common Law / John B. Bellinger III & Stephen K. Wirth
Constitutional Authority for the Transboundary Deployment of Armed Force / Bakhtiyar Tuzmukhamedov
Sleeping Dogs : The Fourth Restatement and International Humanitarian Law / Ashley Deeks
Consider the Source : Evidence and Authority in the Fourth Restatement / Edward Swaine
The Restatements of Foreign Relations and the Rule of Law / Kristina Daugirdas
Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability? / Jide Nzelibe.
Summary
"These essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for 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 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, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. 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 to the immunity from domestic lawsuits of international organizations and foreign government officials. The last considers what this body of law might look like 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Description based on online resource; title from digital title page (viewed on October 07, 2020).
Available in Other Form
Print version: The restatement and beyond New York : Oxford University Press, 2020.
Alternate Title
Oxford Scholarship Online
Oxford Academic.
Oxford Academic.
Language
English
ISBN
9780197534007 electronic book
0197534007 electronic book
9780197533987 electronic book
0197533981 electronic book
9780197533994 electronic book
019753399X electronic book
9780197533154 hardcover
0197534007 electronic book
9780197533987 electronic book
0197533981 electronic book
9780197533994 electronic book
019753399X electronic book
9780197533154 hardcover
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