International Law as Law of the United States / Edition 2

International Law as Law of the United States / Edition 2

by Jordan J. Paust
     
 

ISBN-10: 0890893810

ISBN-13: 9780890893814

Pub. Date: 09/28/2003

Publisher: Carolina Academic Press

A must reference for the practitioner, judge, student, and serious scholar, this revised and updated work provides a thorough and readable text on various types and possibilities of incorporation of international law into our domestic legal processes. The second edition has retained and updated the first six chapters from the first edition and contains the most…  See more details below

Overview

A must reference for the practitioner, judge, student, and serious scholar, this revised and updated work provides a thorough and readable text on various types and possibilities of incorporation of international law into our domestic legal processes. The second edition has retained and updated the first six chapters from the first edition and contains the most detailed exposition to date of cases, patterns of use, and trends concerning traditional topics such as customary international law and its incorporation into U.S. law; self-executing treaties and direct and indirect legal effects of treaties; the last-in-time rule and exceptions thereto; priorities among generally coequal laws of the land; presidential powers and duties; remedies or civil and criminal sanctions; and use of human right precepts throughout U.S. history (including attention to actual types of human rights utilized, the right of access to courts, and the right to an effective remedy). Chapters on human rights and the ninth amendment; jurisdiction and enforcement responsibilities with respect to international criminal law; and the peace power have also been retained and updated, while portions of other chapters have been shifted to other sections of the treatise or deleted. The comprehensive and highly useful index has been retained. The treatise is unique in terms of areas of coverage and its attention to detail, including heavily documented research into literally thousands of U.S. cases.

"Professor Paust's new book is not only well-written, but it also contains a rich vein of resources that may be worked for profit by teacher, student, researcher, and practitioner." -American Society of International Law Newsletter, on the first edition

"Superlative. The idea is original, the execution exhaustive and the impact, simply overwhelming." —.M. Weisman, Wesley N. Hohfeld Professor of Jurisprudence, Yale Law School, on the first edition

"This is an excellent work for scholarly law libraries . . . [and] for small- to mid-sized law libraries and academic libraries that emphasize American law and history." -Legal Information ALERT

"Paust's work reflects a vigorous defense of the cause of international law . . . [It] reflects an impressive mosaic of the author's views that will undoubtedly continue to spark controversy and debate within our community." -The American Journal of International Law

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Product Details

ISBN-13:
9780890893814
Publisher:
Carolina Academic Press
Publication date:
09/28/2003
Edition description:
New Edition
Pages:
544
Product dimensions:
6.22(w) x 9.20(h) x 1.36(d)

Table of Contents

Preface
Acknowledgments and Permissions
Ch. 1Customary International Law and Forms of Incorporation3
Ch. 2Self-Executing Treaties67
Ch. 3Clashes with Domestic Law99
Ch. 4The President Is Bound169
Ch. 5On Human Rights: The Use of Human Right Precepts in U.S. History and the Right to an Effective Remedy193
Ch. 6Human Rights and the Ninth Amendment323
Ch. 7The International Covenant on Civil and Political Rights as Law of the U.S.361
Ch. 8Congress and Genocide395
Ch. 9Bases of Jurisdiction under International Law415
Ch. 10Universality and the Duty to Enforce International Criminal Law443
Ch. 11Declarations of War and the Peace Power455
Ch. 12Law, National Security, Necessity, Executive Discretion, and Judicial Power487
Index of Founders511
Index513

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