Foreign Relations Law: Cases and Materials

Overview

Examining the constitutional and statutory law that regulates contemporary U.S. foreign relations, Foreign Relations Law: Cases and Materials draws on the expertise of Curtis A. Bradley and Jack L. Goldsmith to present a concise and current analysis of this important area ...

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Overview

Examining the constitutional and statutory law that regulates contemporary U.S. foreign relations, Foreign Relations Law: Cases and Materials draws on the expertise of Curtis A. Bradley and Jack L. Goldsmith to present a concise and current analysis of this important area of study.

This comprehensive text is organized into nine main sections:

  • Introduction: Historical and Conceptual Foundations
  • Courts and Foreign Relations
  • Congress and the President in Foreign Affairs
  • War Powers
  • States and Foreign Affairs
  • Treaties and Other International Agreements
  • Customary International Law
  • Extraterritoriality
  • Foreign Sovereign Immunity

When you examine the book, be sure to notice:

  • its cohesive thematic framework that illuminates the importance of constitutional structure, the blurred line between domestic and foreign affairs, and the connections among cases
  • the strong coverage of contemporary controversies, such as issues concerning the laws of terrorism, the validity of congressional-executive agreements, the scope of treaty power, the legitimacy of international human rights litigation, and the propriety of judicial deference to the Executive Branch
  • strong case notes that sketch the rich history of foreign relations law
  • examples and illustrations of political events and conflicts
  • treatment of major cases, such as Argentine Republic v. Amerada Hess Shipping Corp., Banco Nacional de Cuba v. Sabbatino, Goldwater v. Carter, Missouri v. Holland, United States v. Alvarez-Machain, and Youngstown Sheet & Tube Co. v. Sawyer

For a course that concentrates on foreign policy issues and international cases in which the United States exercises jurisdiction, there is no casebook more timely or illuminating than Foreign Relations Law: Cases and Materials.

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Product Details

  • ISBN-13: 9780735528406
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 11/1/2002
  • Series: Aspen Elective Series
  • Edition description: Older Edition
  • Pages: 704
  • Product dimensions: 7.20 (w) x 10.10 (h) x 1.60 (d)

Table of Contents

Preface
Acknowledgments
Editorial Notice
Overview of International Law and Institutions
Ch. 1 Introduction: Historical and Conceptual Foundations 1
A Constitutional Background 1
1 Declaration of Independence 2
2 Articles of Confederation 4
3 United States Constitution 7
B Neutrality Controversy of 1793 12
C Nature of U.S. Foreign Relations Authority 25
Ch. 2 Courts and Foreign Relations 39
A Jurisdiction over Foreign Relations Cases 39
B Justiciability: Standing, Ripeness, Mootness 41
C Political Question Doctrine 47
D Act of State Doctrine 60
1 The Sabbatino Decision 61
2 Limitations and Exceptions 74
E Judicial Deference to the Executive Branch 91
Ch. 3 Congress and the President in Foreign Relations 107
A Sources of Congressional Power 108
B Sources of Executive Power 125
C Relationship Between Congress and the President 141
Ch. 4 War Powers 161
A Historical Background 161
B Congress's Power to Declare of War 168
C The President's Military Powers 184
D War Powers Resolution 198
E Collective Uses of Force 213
1 The United Nations Charter, Collective Security, and the Korean War 214
2 NATO, Collective Self-Defense, and the Kosovo Bombing 217
F Military Commissions 225
G War and Individual Liberties 246
Ch. 5 States and Foreign Relations 275
A Statutory Preemption 276
B Treaty Preemption 293
C Dormant Preemption 300
D Federal Common Law of Foreign Relations 321
Ch. 6 Treaties and Other International Agreements 337
A Self-Execution 339
B Last-in-Time Rule 348
C Separation of Powers and Delegation Limitations 359
1 Relationship with Congress's Power 359
2 Delegation of Authority to International Institutions 365
D Federalism Limitations? 373
E Conditional Consent 385
F Subject Matter Limitations? 399
G Executive Agreements 409
1 Congressional-Executive Agreements 409
2 Sole Executive Agreements 421
Ch. 7 Customary International Law 427
A "Part of Our Law" 427
B The Alien Tort Statute and Torture Victim Protection Act 443
C Recent Issues in International Human Rights Litigation 465
D The Charming Betsy Canon 483
Ch. 8 Extraterritoriality 495
A The Constitution Abroad 495
B Federal Statutes Abroad 511
1 Presumption Against Extraterritoriality 511
2 International Law of Prescriptive Jurisdiction 529
C Extradition 537
D Extraterritorial Abduction 558
Ch. 9 Foreign Sovereign Immunity 571
A Historical Background 571
B Overview of the Foreign Sovereign Immunities Act 577
C Commercial Activity Exception 585
D Noncommercial Tort Exception 600
E International Law Exception? 610
F State Sponsors of Terrorism 622
G Immunity of Foreign Officials and Heads of State 635
H Diplomatic and Other Immunities 651
App. A Constitution of the United States 659
App. B Select Jurisdictional Provisions 677
App. C Foreign Sovereign Immunities Act 681
Table of Cases 691
Index 701
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