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

ISBN-13: 9781107689015 / Angielski / Miękka / 2018 / 516 str.

Gregory H. Fox; Paul R. Dubinsky; Brad R. Roth

Opis

This book provides a comprehensive analysis of treaties practice in American law from the 1980s to the present.

Recenzje

'Featuring an array of leading scholars, this excellent collection provides a much-needed update on recent developments in treaty law in the US legal system. By showing the growing hurdles facing domestic treaty enforcement, the in-depth essays in this volume together should greatly assist in overcoming the challenges they describe.' Martin S. Flaherty, Leitner Family Professor of International Human Rights Law and Founding Co-Director, Leitner Center of International Law and Justice, Fordham University School of Law

Spis treści

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.