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International Law in the U.S. Legal System explores the dynamic intersection between international law and the domestic legal system within the United States and covers both settled principles as well as unresolved issues and areas of controversy. Curtis Bradley considers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of specific topics that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, war powers, and extraterritoriality. As he explains, international law plays an important and sometimes under-appreciated role in the U.S. legal system, but its domestic application is mediated by a variety of structural considerations, including federalism and the separation of powers. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. constitutional founding. The book is designed to be accessible to a wide range of lawyers, judges, law students, and policymakers, both inside and outside the United States.
This book investigates the complex and often contentious integration of international legal principles into the domestic framework of the United States legal system. Author Curtis A. Bradley, a recognized scholar in the field, examines how treaties, customary international law, and international institutional mandates interact with U.S. constitutional structures. The text argues that while international law exerts a significant influence on domestic jurisprudence, its application remains strictly mediated by internal mechanisms such as federalism and the separation of powers.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational resource for understanding the intersection of domestic and international legal systems. Readers often note the clarity of the prose despite the inherent density of the subject matter, making it a standard reference for law students and policymakers alike.
Page Count:
400
Publication Date:
2013-03-01
Publisher:
Oxford University Press
ISBN-10:
0195328590
ISBN-13:
9780195328592