International Law as Law of the United States / Edition 2

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More About This Textbook


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: 9/28/2003
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 544
  • Product dimensions: 6.22 (w) x 9.20 (h) x 1.36 (d)

Table of Contents

Acknowledgments and Permissions
Ch. 1 Customary International Law and Forms of Incorporation 3
Ch. 2 Self-Executing Treaties 67
Ch. 3 Clashes with Domestic Law 99
Ch. 4 The President Is Bound 169
Ch. 5 On Human Rights: The Use of Human Right Precepts in U.S. History and the Right to an Effective Remedy 193
Ch. 6 Human Rights and the Ninth Amendment 323
Ch. 7 The International Covenant on Civil and Political Rights as Law of the U.S. 361
Ch. 8 Congress and Genocide 395
Ch. 9 Bases of Jurisdiction under International Law 415
Ch. 10 Universality and the Duty to Enforce International Criminal Law 443
Ch. 11 Declarations of War and the Peace Power 455
Ch. 12 Law, National Security, Necessity, Executive Discretion, and Judicial Power 487
Index of Founders 511
Index 513
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