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The Law of Nations and the United States Constitution

Autor Anthony J. Bellia Jr., Bradford R. Clark
en Limba Engleză Paperback – 20 mar 2020
The Law of Nations and the United States Constitution offers a new lens through which anyone interested in constitutional governance in the United States should analyze the role and status of customary international law in U.S. courts. The book explains that the law of nations has not interacted with the Constitution in any single overarching way. Rather, the Constitution was designed to interact in distinct ways with each of the three traditional branches of the law of nations that existed when it was adopted - namely, the law merchant, the law of state-state relations, and the law maritime. By disaggregating how different parts of the Constitution interacted with different kinds of international law, the book provides an account of historical understandings and judicial precedent that will help judges and scholars more readily identify and resolve the constitutional questions presented by judicial use of customary international law today. Part I describes the three traditional branches of the law of nations and examines their relationship with the Constitution. Part II describes the emergence of modern customary international law in the twentieth century, considers how it differs from the traditional branches of the law of nations, and explains why its role or status in U.S. courts requires an independent, context-specific analysis of its interaction with the Constitution. Part III assesses how both modern and traditional customary international law should be understood to interact with the Constitution today.
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Specificații

ISBN-13: 9780197500163
ISBN-10: 0197500161
Pagini: 322
Dimensiuni: 231 x 155 x 23 mm
Greutate: 0.5 kg
Editura: Oxford University Press
Colecția OUP USA
Locul publicării:New York, United States

Recenzii

An interesting thesis, robustly set out and defended.
In one of the most important treatments ever on the relationship between international law and the Constitution, Bellia and Clark make a compelling original case that the status in the U.S. legal system of any given rule of customary international law must turn on its specific relationship with the Constitution's text, history, and structure." -Jack Goldsmith, Henry L. Shattuck Professor of Law, Harvard Law School
Bellia and Clark solve the mystery of why the Supreme Court sometimes uses customary international law as a federal rule of decision and sometimes does not. Their important book changes the terms of the debate by showing that customary international law was never freestanding federal law, but that the law of nations sometimes informed the meaning of the constitutional powers and duties of Congress, the President, and the federal courts in international affairs." -John F. Manning, Morgan and Helen Chu Dean and Professor of Law, Harvard Law School
The importance of international law in American courts and in the decisions of the political branches has risen dramatically in recent decades, but debate over its role is beset by theoretical disagreement. Now we have a powerful solution to the institutional side of this puzzle. With an intellectual elegance that displays their mastery of both constitutional and international law, Bellia and Clark show that the text and structure of the Constitution allocate responsibility for answering not only the issues salient in the Founding era, but today's questions as well. This book is essential reading for anyone interested in the relationship between our legal system and international law." -H. Jefferson Powell, Professor of Law, Duke University School of Law

Notă biografică

Anthony J. Bellia Jr. is the O'Toole Professor of Constitutional Law and a Concurrent Professor of Political Science at the University of Notre Dame. He specializes in the teaching and research of constitutional law, federal courts, federalism, legal history, procedure, and contracts. He is the founding director of the Notre Dame Program on Constitutional Structure and a member of the American Law Institute (ALI). His published work includes many law review articles and the book Federalism. After receiving his J.D. from Notre Dame Law School, he clerked for Judge William M. Skretny of the United States District Court for the Western District of New York, Judge Diarmuid F. O'Scannlain of the United States Court of Appeals for the Ninth Circuit, and Associate Justice Antonin Scalia of the Supreme Court of the United States.Bradford R. Clark is the William Cranch Research Professor of Law at George Washington University Law School. He specializes in the teaching and writing in areas of civil procedure, constitutional structure, federal courts, and foreign relations. His published scholarship includes a chapter in Pre-Emption Choice (2009) and articles in California Law Review, Columbia Law Review, Harvard Law Review, Texas Law Review, University of Chicago Law Review, University of Pennsylvania Law Review, and Virginia Law Review. He holds a JD from Columbia University School of Law, and he clerked for The Honorable Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit, and for The Honorable Antonin Scalia of the Supreme Court of the United States.