Foreign Affairs Litigation in United States Courts

Foreign Affairs Litigation in United States Courts PDF

Author: John Norton Moore

Publisher: Martinus Nijhoff Publishers

Published: 2013-09-12

Total Pages: 238

ISBN-13: 9004257284

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Foreign Affairs Litigation in United States Courts collects essays by some of the nation’s top foreign affairs and international law experts to offer discussions on foreign sovereign immunity and the Foreign Sovereign Immunities Act, human rights litigation, foreign affairs taking actions with the Court of Federal Claims, the Foreign Claims Settlement Commission, and the Hague Convention on Choice of Court Agreements. This is an indispensable resource for attorneys and government officials focused on the role of the courts in foreign affairs, actions against foreign governments in United States courts, the Act of State Doctrine, foreign sovereign immunity, the Foreign Claims Settlement Commission, foreign affairs takings actions in the Court of Federal Claims, and choice of court in international litigation.

International Civil Litigation in United States Courts

International Civil Litigation in United States Courts PDF

Author: Gary B. Born

Publisher: Aspen Publishing

Published: 2018-04-14

Total Pages: 1833

ISBN-13: 1454898453

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International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.

Foreign Relations Law

Foreign Relations Law PDF

Author: Campbell McLachlan

Publisher: Cambridge University Press

Published: 2014-09-04

Total Pages: 665

ISBN-13: 1316060543

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What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.

Foreign Relations Law

Foreign Relations Law PDF

Author: Curtis A. Bradley

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 1892

ISBN-13: 1543817513

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. A leading casebook on foreign relations law, authored by widely cited scholars who also have pertinent government experience, Foreign Relations Law: Cases and Materials, Seventh Edition, examines the law that regulates how the United States interacts with other nations and with international institutions, and how it applies international law within its legal system. The book offers a compelling mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background. New to the Seventh Edition: Addition of a third author, Ashley Deeks, a scholar with government experience as well as significant expertise in national security law, the laws of war, and intelligence gathering New excerpt of and extensive notes on the Supreme Court’s 2018 “travel ban” decision, Trump v. Hawaii Coverage of the Supreme Court’s 2018 Alien Tort Statute decision, Jesner v. Arab Bank Extensive discussion of recent treaty terminations by the Trump administration Discussion of the ongoing litigation concerning “sanctuary jurisdictions” in some states and localities Notes and questions on recent war powers developments, including on the use of force against the Islamic State and in Syria Updated notes and questions throughout the book to take account of recent cases, statutes, executive branch actions, and scholarship Professors and students will benefit from: Clear and logical progression of the materials, starting with the powers of government institutions and then proceeding to specific substantive topics Coverage of both cutting-edge legal developments and relevant historical background Integration of leading scholarship into the notes and questions rather than in long excerpts of secondary materials Balanced presentation of controversial topics, with probing questions to consider in class discussions Combination of theoretical analysis with practical insights from real-world examples

Restoring the Global Judiciary

Restoring the Global Judiciary PDF

Author: Martin S. Flaherty

Publisher: Princeton University Press

Published: 2022-05-17

Total Pages: 344

ISBN-13: 0691204780

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Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.

International Law in the US Legal System

International Law in the US Legal System PDF

Author: Curtis A. Bradley

Publisher: Oxford University Press, USA

Published: 2020

Total Pages: 409

ISBN-13: 0197525601

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International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

International Civil Litigation in United States Courts

International Civil Litigation in United States Courts PDF

Author: Gary Born

Publisher: Aspen Publishers

Published: 2011

Total Pages: 0

ISBN-13: 9780735507555

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"The law governing international civil litigation has changed dramatically in the five years since the fourth edition was published. Recent decisions of the United States Supreme Court have had a significant impact on fields such as personal jurisdiction, sovereign immunity, and extraterritoriality. This current edition reflects those changes and raises important questions about the broader implications of those decisions ... Developments in this field are of course not limited to the United States. While the book still focuses primarily on United States law, the current edition deliberately incorporates more excerpts, more extensive references, and more questions concerning foreign law, especially European law. In part, this reflects an important reality--that successful practice in this area, even for the United States lawyer, requires a keen understanding of other legal systems". -- PREFACE OF THE FIFTH EDITON.

The Restatement and Beyond

The Restatement and Beyond PDF

Author: Paul B. Stephan

Publisher: Oxford University Press

Published: 2020-09-18

Total Pages: 588

ISBN-13: 019753399X

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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.

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