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.

Autorentext

Curtis Bradley is the William Van Alstyne Professor of Law at Duke University School of Law in the United States. Professor Bradley has been writing and teaching about international law and its status in the U.S. legal system for twenty years. In addition to publishing numerous scholarly articles in top law journals, he is the co-author of a leading casebook on U.S. foreign relations law. He has also served as the Counselor on International Law in the Legal Adviser's Office of the U.S. State Department and currently is a member of the Secretary of State's Advisory Committee on International Law. Professor Bradley is also a Reporter for the American Law Institute's Restatement (Fourth) project on foreign relations law and is a member of the Board of Editors of the American Journal of International Law.

Inhalt

Preface Chapter 1. Courts, Foreign Affairs, and the Structural Constitution Chapter 2. Treaties Chapter 3. Executive Agreements and Political Commitments Chapter 4. Decisions and Orders of International Institutions Chapter 5. Customary International Law Chapter 6. Extraterritorial Application of U.S. Law Chapter 7. International Human Rights Litigation Chapter 8. Sovereign and Individual Official Immunity Chapter 9. Extradition and Other Means of Criminal Law Enforcement Chapter 10. War Powers and the War on Terrorism Conclusion Table of Cases Table of Legislation