The restatement and beyond : the past, present, and future of U.S. foreign relations law / Paul B. Stephan, Sarah H. Cleveland.
New York : Oxford University Press, 2020.
9780197534007 0197534007 9780197533987 0197533981 9780197533994 (epub) 019753399X 9780197533154 (hardback)
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"These essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for 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 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, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. 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 to the immunity from domestic lawsuits of international organizations and foreign government officials. The last considers what this body of law might look like 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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction : The Role of the Restatements in U.S. Foreign Relations / Sarah H. Cleveland & Paul B. Stephan From the Third to the Fourth Restatement of Foreign Relations : The Rise and Potential Fall of Foreign Affairs Exceptionalism / G.E. White Could the President Unilaterally Terminate All International Agreements? : Questioning Section 313 / Harold Hongju Koh Taking Treaty Implementing Statutes Seriously / Samuel Estreicher The Fourth Restatement's Treatment of International Law and Administrative Law / Jean Galbraith Article II Treaties and Signaling Theory / Curtis A. Bradley Federalizing International Law / Gary Born The Waning of the Federal Common Law of Foreign Relations / Paul B. Stephan Restating The Charming Betsy as A Canon of Avoidance / Anthony J. Bellia, Jr. & Bradford R. Clark Personal Jurisdiction and Fifth Amendment Due Process Revisited / Chimène I. Keitner Customary International Law and U.S. Judicial Power : From the Third to the Fourth Restatements / Thomas H. Lee International Law in U.S. Courts Within the Limits of the Constitution / John Harrison Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404) / Hannah Buxbaum & Ralf Michaels Adjudicatory Jurisdiction and Public International Law : The Fourth Restatement's New Approach / Austen Parrish International Comity in the Fourth Restatement / William S. Dodge Toward the Fifth Restatement of U.S. Foreign Relations Law : The Future of Adjudicative Jurisdiction under International Law / Pamela K. Bookman Forum Non Conveniens in the Fourth Restatement / Donald E. Childress III Territoriality and Its Troubles / George Rutherglen The Fourth Restatement, International Law, and the "Terrorism" Exception to the Foreign Sovereign Immunities Act / Beth Stephens The Jurisdictional Immunities of International Organizations : Recent Developments and the Challenges of the Future / David P. Stewart & Ingrid Wuerth Foreign-Official Immunity under the Common Law / John B. Bellinger III & Stephen K. Wirth Constitutional Authority for the Transboundary Deployment of Armed Force / Bakhtiyar Tuzmukhamedov Sleeping Dogs : The Fourth Restatement and International Humanitarian Law / Ashley Deeks Consider the Source : Evidence and Authority in the Fourth Restatement / Edward Swaine The Restatements of Foreign Relations and the Rule of Law / Kristina Daugirdas Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability? / Jide Nzelibe.
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Available in Other Form
Print version: The restatement and beyond New York : Oxford University Press, 2020. 9780197533154 (DLC) 2020008365