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The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Author: Paul B. Stephan; Sarah A. Cleveland
Publisher: Oxford University Press
ISBN: 9780197533154
Published In: November 2020
Format: Hardback
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade.

The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development.

These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

Introduction - The Role of the Restatements in U.S. Foreign Relations

Sarah H. Cleveland & Paul B. Stephan

I. The Fourth Restatement and The Past

Chapter 1: From the Third to the Fourth Restatement of Foreign Relations: The Rise and Potential Fall of Foreign Affairs Exceptionalism

G.E. White

II. The Fourth Restatement and the Law of Treaties

Chapter 2: Could the President Unilaterally Terminate All International Agreements? Questioning Section 313

Harold Hongju Koh

Chapter 3: Taking Treaty Implementing Statutes Seriously

Samuel Estreicher

Chapter 4: The Fourth Restatement's Treatment of International Law and Administrative Law

Jean Galbraith

Chapter 5: Article II Treaties and Signaling Theory

Curtis A. Bradley

III. The Fourth Restatement, International Law, and Domestic Courts

Chapter 6: Federalizing International Law

Gary Born

Chapter 7: The Waning of the Federal Common Law of Foreign Relations

Paul B. Stephan

Chapter 8: Restating The Charming Betsy as A Canon of Avoidance

Anthony J. Bellia, Jr. & Bradford R. Clark

Chapter 9: Personal Jurisdiction and Fifth Amendment Due Process Revisited

Chimène I. Keitner

Chapter 10: Customary International Law and U.S. Judicial Power: From the Third to the Fourth Restatements

Thomas H. Lee

Chapter 11: International Law in U.S. Courts Within the Limits of the Constitution

John Harrison

IV. The Restatement and International Law's Limits on Domestic Jurisdiction

Chapter 12: Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404)

Hannah Buxbaum & Ralf Michaels

Chapter 13: Adjudicatory Jurisdiction and Public International Law: The Fourth Restatement's New Approach

Austen Parrish

Chapter 14: International Comity in the Fourth Restatement

William S. Dodge

Chapter 15: Toward the Fifth Restatement of U.S. Foreign Relations Law: The Future of Adjudicative Jurisdiction under International Law

Pamela K. Bookman

Chapter 16: Forum Non Conveniens in the Fourth Restatement

Donald E. Childress III

Chapter 17: Territoriality and Its Troubles

George Rutherglen

V. The Restatement and Immunity

Chapter 18: The Fourth Restatement, International Law, and the Beth Stephens

Chapter 19: The Jurisdictional Immunities of International Organizations: Recent Developments and the Challenges of the Future

David P. Stewart & Ingrid Wuerth

Chapter 20: Foreign-Official Immunity under the Common Law

John B. Bellinger III & Stephen K. Wirth

VII. The Restatement's Futures

Chapter 21: Constitutional Authority for the Transboundary Deployment of Armed Force

Bakhtiyar Tuzmukhamedov

Chapter 22: Sleeping Dogs: The Fourth Restatement and International Humanitarian Law

Ashley Deeks

Chapter 23: Consider the Source: Evidence and Authority in the Fourth Restatement

Edward Swaine

Chapter 24: The Restatements of Foreign Relations and the Rule of Law

Kristina Daugirdas

Chapter 25: Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability?

Jide Nzelibe

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