Full Description
International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Contents
Preface
Chapter 1. Courts, Foreign Affairs, and the Structural Constitution
Chapter 2. Treaties
Chapter 3. Executive Agreements and Political Commitments
Chapter 4. Decisions and Orders of International Institutions
Chapter 5. Customary International Law
Chapter 6. Extraterritorial Application of U.S. Law
Chapter 7. International Human Rights Litigation
Chapter 8. Sovereign and Individual Official Immunity
Chapter 9. Extradition and Other Means of Criminal Law Enforcement
Chapter 10. War Powers and the War on Terrorism
Conclusion
Table of Cases
Table of Legislation
