The U.S. Supreme Court and the domestic force of international human rights law / Stephen A. Simon.
2016
KF4749 .S53 2016 (Mapit)
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Title
The U.S. Supreme Court and the domestic force of international human rights law / Stephen A. Simon.
Imprint
Lanham, Maryland : Lexington Books, an imprint of The Rowman & Littlefield Publishing Group, Inc., [2016]
Description
vii, 213 pages ; 24 cm
Formatted Contents Note
Introduction
Customary international law and the alien tort statute
The domestic force of treaties
Limits in the fight against terrorism
Foreign law in constitutional interpretation
Common themes: internationalists and sovereigntists.
Customary international law and the alien tort statute
The domestic force of treaties
Limits in the fight against terrorism
Foreign law in constitutional interpretation
Common themes: internationalists and sovereigntists.
Summary
"The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within the American legal system? The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Court's handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices' standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime." -- Publisher's website.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
STA
Call Number
KF4749 .S53 2016
Language
English
ISBN
9781498534703 hardcover alkaline paper
1498534708 hardcover alkaline paper
1498534708 hardcover alkaline paper
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