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The Law of U.S. Foreign Relations

The Law of U.S. Foreign Relations

Author: Sean D. Murphy; Edward T. Swaine
Publisher: Oxford University Press
ISBN: 9780199361977
Published In: June 2023
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention.

The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere.

Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantanamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.

Foreword by Judge Stephen M. Schwebel

General Preface

Methodological Preface

Acknowledgements

Table of Short Forms for Commonly-Cited Authorities

Chapter 1. Allocating and Balancing Foreign Relations Powers

Chapter 2. Legislating Foreign Relations

Chapter 3. Conducting Foreign Relations

Chapter 4. Judging Foreign Relations

Chapter 5. Customary International Law

Chapter 6. Treaties and Other International Agreements

Chapter 7. International Organizations