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International Law In The U S Supreme Court

Author: David L. Sloss
Publisher: Cambridge University Press
ISBN: 1139497863
Size: 63.39 MB
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From its earliest decisions in the 1790s, the US Supreme Court has used international law to help resolve major legal controversies. This book presents a comprehensive account of the Supreme Court's use of international law from its inception to the present day. Addressing treaties, the direct application of customary international law and the use of international law as an interpretive tool, this book examines all the cases or lines of cases in which international law has played a material role, showing how the Court's treatment of international law both changed and remained consistent over the period. Although there was substantial continuity in the Supreme Court's international law doctrine through the end of the nineteenth century, the past century has been a time of tremendous doctrinal change. Few aspects of the Court's international law doctrine remain the same in the twenty-first century as they were two hundred years ago.

International Law Recent Supreme Court Decisions And Other Opinions And Precedents

Author: United States Supreme Court
Publisher: Sagwan Press
ISBN: 9781297788567
Size: 20.83 MB
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

American International Law Cases Fourth Series

Author: Oceana Editorial Board
Publisher:
ISBN: 0199758859
Size: 55.24 MB
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AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims,the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportationprocedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, addedtopic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component ofAILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subjectindex to allow for targeted research. Volume One of AILC consists of cases involving international law in general and territories, trusteeships, boundaries and navigable waters. For example, in Abdullahi v. Pfizer, Inc., the Plaintiff-Appellants sued under the Alien Tort Statute (ATS), claiming defendants violated a customaryinternational law norm prohibiting involuntary medical experimentation on humans. Among other rulings, the appellate court ruled that the district court incorrectly determined that the prohibition in customary international law against nonconsensual human medical experimentation cannot be enforcedthrough the ATS, and reversed and remanded for further proceedings. In Cunzhu Zheng v. Yahoo! Inc., the plaintiffs alleged that Yahoo! China disclosed to the Peoples Republic of China (PRC) specific personal information "about plaintiffs, and that, as a result of the disclosures, plaintiffs weresubjected by the PRC to serious injuries and serious economic damages." The court examined whether the Electronic Communications Privacy Act applies outside the United States and ruled that it did not.

The U S Supreme Court And The Domestic Force Of International Human Rights Law

Author: Stephen A. Simon
Publisher: Lexington Books
ISBN: 1498534716
Size: 77.37 MB
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This book examines the debate over the domestic force of international human rights law through the U.S. Supreme Court’s jurisprudence. By approaching the topic from the justices’ vantage point, the analysis shows how multiple controversies are linked to the same overarching question and reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

National Courts And The International Rule Of Law

Author: André Nollkaemper
Publisher: Oxford University Press
ISBN: 0191652822
Size: 71.26 MB
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This book explores the way domestic courts contribute to the maintenance of theinternational of law by providing judicial control over the exercises of public powers that may conflict with international law. The main focus of the book will be on judicial control of exercise of public powers by states. Key cases that will be reviewed in this book, and that will provide empirical material for the main propositions, include Hamdan, in which the US Supreme Court revieweddetention by the United States of suspected terrorists against the 1949 Geneva Conventions; Adalah, in which the Supreme Court of Israel held that the use of local residents by Israeli soldiers in arresting a wanted terrorist is unlawful under international law, and the Narmada case, in which the Indian SupremeCourt reviewed the legality of displacement of people in connection with the building of a dam in the river Narmada under the ILO Indigenous and Tribal Populations Convention 1957 (nr 107).This book explores what it is that international law requires, expects, or aspires that domestic courts do. Against this backdrop it maps patterns of domestic practice in the actual or possible application of international law and determines what such patterns mean for the protection of the international rule of law.

Implementation Of International Law In The United States

Author: Johan D. Van der Vyver
Publisher: Peter Lang
ISBN: 9783631598801
Size: 10.86 MB
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Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and "Volkerrechtsfreundlichkeit.""

International Law Reports

Author: E. Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521661218
Size: 66.80 MB
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The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Among the consular relations cases reported are the ICJ decisions on the request for provisional measures in the 1998 Case Concerning the Vienna Convention on Consular Relations (Paraguay v. United States) the 1999 LaGrand Case (Germany v. United States), and the corresponding decisions of the United States Supreme Court. Human rights cases include the 1999 decision of the European Court of Human Rights in Waite and Kennedy v. Germany, concerning whether the defendant's immunity from jurisdiction was considered compatible with right of access to court under Article 6(1) of the European Convention on Human Rights. Also included are fifteen important decisions of the United Nations Human Rights Committee and national courts during the 1990s.