Supreme law of the land? : debating the contemporary effects of treaties within the United States legal system / [edited by] Gregory H. Fox, Paul R. Dubinsky, Brad R. Roth.
2017
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Details
Title
Supreme law of the land? : debating the contemporary effects of treaties within the United States legal system / [edited by] Gregory H. Fox, Paul R. Dubinsky, Brad R. Roth.
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2017.
Description
1 online resource
Formatted Contents Note
Introduction / Gregory H. Fox, Paul R. Dubinsky, and Brad R. Roth
1. Treaties in U.S. law from the founding to the Restatement (Third) / Mark Janis and Noam Wiener
2. Treaties in the Third Restatement / Gregory H. Fox
3. Competing models for treaty interpretation: treaty as contract, treaty as statute, treaty as delegation / Paul R. Dubinsky
4. Self-execution / Ingrid Wuerth
5. Treaties, federalism, and the contested legacy of Missouri v. Holland / Margaret McGuinness
6. Recent trends in U.S. treaty implementation / David P. Stewart
7. The treaty and its rivals: making international agreements in U.S. law and practice / Michael D. Ramsey
8. Judicial barriers to the enforcement of treaties / Roger P. Alford
9. Case study no. 1: exploring U.S. treaty practice through a military lens / Geoffrey S. Corn and Dru Brenner-Beck
10. Case study no. 2: private law treaties and federalism: can the United States lead? / Paul R. Dubinsky
Conclusion: treaties as the law of the land: change and continuity / Gary B. Born.
1. Treaties in U.S. law from the founding to the Restatement (Third) / Mark Janis and Noam Wiener
2. Treaties in the Third Restatement / Gregory H. Fox
3. Competing models for treaty interpretation: treaty as contract, treaty as statute, treaty as delegation / Paul R. Dubinsky
4. Self-execution / Ingrid Wuerth
5. Treaties, federalism, and the contested legacy of Missouri v. Holland / Margaret McGuinness
6. Recent trends in U.S. treaty implementation / David P. Stewart
7. The treaty and its rivals: making international agreements in U.S. law and practice / Michael D. Ramsey
8. Judicial barriers to the enforcement of treaties / Roger P. Alford
9. Case study no. 1: exploring U.S. treaty practice through a military lens / Geoffrey S. Corn and Dru Brenner-Beck
10. Case study no. 2: private law treaties and federalism: can the United States lead? / Paul R. Dubinsky
Conclusion: treaties as the law of the land: change and continuity / Gary B. Born.
Summary
"How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students"--Provided by publisher.
"His book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating U.S. efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive and legislative practices"--Provided by publisher.
"His book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating U.S. efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive and legislative practices"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Source of Description
Title from PDF title page (EBSCO, viewed September 27, 2017).
Location
WWW
Access Note
Access restricted to subscribing institutions.
Alternate Title
Cambridge Core.
Language
English
ISBN
9781107588974 electronic book
1107588979 electronic book
1107588979 electronic book
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