Supreme Law of the Land?: Debating the Contemporary Effects of Treaties within the United States Legal System

Supreme Law of the Land?: Debating the Contemporary Effects of Treaties within the United States Legal System

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Product Details

ISBN-13: 9781107066601
Publisher: Cambridge University Press
Publication date: 09/21/2017
Pages: 514
Product dimensions: 6.26(w) x 9.29(h) x 1.22(d)

About the Author

Gregory H. Fox is Professor of Law and Director of the Program for International Legal Studies at Wayne State University, Michigan. He is the author of numerous publications, including Humanitarian Occupation (Cambridge, 2008) and Democratic Governance and International Law (with Brad R. Roth, Cambridge, 2000).

Paul R. Dubinsky is Associate Professor of Law at Wayne State University, Michigan, Vice-President of the International Law Association, and book review editor of the American Journal of Comparative Law. His publications have appeared in the American Journal of Comparative Law, the Michigan Law Review, the Stanford Journal of International Law, the Yale Journal of International Law, Civil Litigation in a Globalizing World and International Law in Domestic Legal Systems.

Brad R. Roth is Professor of Political Science and Law at Wayne State University, Michigan. He is the author of Governmental Illegitimacy in International Law (2001), Sovereign Equality and Moral Disagreement (2011), and numerous other publications on sovereignty, constitutionalism, human rights, and democracy, as well as the co-editor of Democratic Governance and International Law (with Gregory H. Fox, Cambridge, 2000).

Table of Contents

Introduction Paul R. Dubinsky, Gregory H. Fox and Brad R. Roth; 1. Treaties in US law from the Founding to the Restatement (Third) Mark Janis and Noam Wiener; 2. Treaties and the Third Restatement Gregory H. Fox; 3. Competing models for treaty interpretation: treaty as contract, treaty as statute, treaty as delegation Paul R. Dubinsky; 4. Self-execution Ingrid Wuerth; 5. Treaties, federalisation, and the contested legacy of Missouri v. Holland Margaret McGuinness; 6. Recent trends in US treaty implementation David P. Stewart; 7. The treaty and its rivals: making international agreements in US law and practice Michael D. Ramsey; 8. Judicial barriers to the enforcement of treaties Roger P. Alford; 9. Case study no. 1: exploring US treaty practice through a military lens Geoffrey Corn and Dru Brenner-Beck; 10. Case study no. 2: private law treaties and federalism: can the United States lead? Paul R. Dubinsky; 11. Conclusion Gary B. Born.

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