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Supreme Law of the Land?

Supreme Law of the Land?
Debating the Contemporary Effects of Treaties within the United States Legal System

Paul R. Dubinsky, Gregory H. Fox, Brad R. Roth, Mark Janis, Noam Wiener, Ingrid Wuerth, Margaret McGuinness, David P. Stewart, Michael D. Ramsey, Roger P. Alford, Geoffrey Corn, Dru Brenner-Beck, Gary B. Born
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  • Publication planned for: October 2017
  • availability: Not yet published - available from October 2017
  • format: Hardback
  • isbn: 9781107066601

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  • How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

    • Includes the first comprehensive assessment of federal legislation on treaty implementation
    • Examines the principal legal doctrines raised in litigation of treaty-related disputes in US courts
    • Provides an analysis of treaty law that can be applied to the law in wider contexts
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    Reviews & endorsements

    'Featuring an array of leading scholars, this excellent collection provides a much-needed update on recent developments in treaty law in the US legal system. By showing the growing hurdles facing domestic treaty enforcement, the in-depth essays in this volume together should greatly assist in overcoming the challenges they describe.' Martin S. Flaherty, Leitner Family Professor of International Human Rights Law and Founding Co-Director, Leitner Center of International Law and Justice, Fordham University School of Law

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    Product details

    • Publication planned for: October 2017
    • format: Hardback
    • isbn: 9781107066601
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from October 2017
  • Table of Contents

    Introduction Paul R. Dubinsky, Gregory H. Fox and Brad R. Roth
    1. Treaties in US law from the Founding to the Restatement (Third) Mark Janis and Noam Wiener
    2. Treaties and the Third Restatement Gregory H. Fox
    3. Competing models for treaty interpretation: treaty as contract, treaty as statute, treaty as delegation Paul R. Dubinsky
    4. Self-execution Ingrid Wuerth
    5. Treaties, federalisation, and the contested legacy of Missouri v. Holland Margaret McGuinness
    6. Recent trends in US treaty implementation David P. Stewart
    7. The treaty and its rivals: making international agreements in US law and practice Michael D. Ramsey
    8. Judicial barriers to the enforcement of treaties Roger P. Alford
    9. Case study no. 1: exploring US treaty practice through a military lens Geoffrey Corn and Dru Brenner-Beck
    10. Case study no. 2: private law treaties and federalism: can the United States lead? Paul R. Dubinsky
    11. Conclusion Gary B. Born.

  • Editors

    Gregory H. Fox, Wayne State University School of Law
    Gregory H. Fox is Professor of Law and Director of the Program for International Legal Studies at Wayne State University, Michigan. He is the author of numerous publications, including Humanitarian Occupation (Cambridge, 2008) and Democratic Governance and International Law (with Brad R. Roth, Cambridge, 2000).

    Paul R. Dubinsky, Wayne State University School of Law
    Paul R. Dubinsky is Associate Professor of Law at Wayne State University, Michigan, Vice-President of the International Law Association, and book review editor of the American Journal of Comparative Law. His publications have appeared in the American Journal of Comparative Law, the Michigan Law Review, the Stanford Journal of International Law, the Yale Journal of International Law, Civil Litigation in a Globalizing World and International Law in Domestic Legal Systems.

    Brad R. Roth, Wayne State University School of Law
    Brad R. Roth is Professor of Political Science and Law at Wayne State University. He is the author of Governmental Illegitimacy in International Law (2001), Sovereign Equality and Moral Disagreement (2011), and numerous other publications on sovereignty, constitutionalism, human rights, and democracy, as well as the co-editor of Democratic Governance and International Law (with Gregory H. Fox, Cambridge, 2000).

    Contributors

    Paul R. Dubinsky, Gregory H. Fox, Brad R. Roth, Mark Janis, Noam Wiener, Ingrid Wuerth, Margaret McGuinness, David P. Stewart, Michael D. Ramsey, Roger P. Alford, Geoffrey Corn, Dru Brenner-Beck, Gary B. Born

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