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International Law and Agreements - Their Effect Upon U.S. Law (Paperback)
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International Law and Agreements - Their Effect Upon U.S. Law (Paperback)
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Loot Price R353
Discovery Miles 3 530
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This report provides an introduction to the roles that
international law and agreements play in the United States.
International law is derived from two primary sources-international
agreements and customary practice. Under the U.S. legal system,
international agreements can be entered into by means of a treaty
or an executive agreement. The Constitution allocates primary
responsibility for entering into such agreements to the executive
branch, but Congress also plays an essential role. First, in order
for a treaty (but not an executive agreement) to become binding
upon the United States, the Senate must provide its advice and
consent to treaty ratification by a two-thirds majority. Secondly,
Congress may authorize congressional-executive agreements. Thirdly,
many treaties and executive agreements are not self-executing,
meaning that implementing legislation is required to provide U.S.
bodies with the domestic legal authority necessary to enforce and
comply with an international agreement's provisions. The status of
an international agreement within the United States depends on a
variety of factors. Self-executing treaties have a status equal to
federal statute, superior to U.S. state law, and inferior to the
Constitution. Depending upon the nature of executive agreements,
they may or may not have a status equal to federal statute. In any
case, self-executing executive agreements have a status that is
superior to U.S. state law and inferior to the Constitution.
Treaties or executive agreements that are not self-executing have
been understood by the courts to have limited status domestically;
rather, the legislation or regulations implementing these
agreements are controlling. The effects of the second source of
international law, customary international practice, upon the
United States are more ambiguous and controversial. While there is
some Supreme Court jurisprudence finding that customary
international law is part of U.S. law, U.S. statutes that conflict
with customary rules remain controlling. Customary international
law is perhaps most clearly recognized under U.S. law via the Alien
Tort Statute (ATS), which establishes federal court jurisdiction
over tort claims brought by aliens for violations of "the law of
nations." Recently, there has been some controversy concerning
references made by U.S. courts to foreign laws or jurisprudence
when interpreting domestic statutes or constitutional requirements.
Historically, U.S. courts have on occasion looked to foreign
jurisprudence for persuasive value, particularly when the
interpretation of an international agreement is at issue, but
foreign jurisprudence never appears to have been treated as
binding. Though U.S. courts will likely continue to refer to
foreign jurisprudence, where, when, and how significantly they will
rely upon it is difficult to predict.
General
Imprint: |
Createspace Independent Publishing Platform
|
Country of origin: |
United States |
Release date: |
March 2013 |
First published: |
March 2013 |
Authors: |
Michael John Garcia
|
Dimensions: |
280 x 216 x 1mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
26 |
ISBN-13: |
978-1-4827-6254-9 |
Categories: |
Books >
Law >
International law >
General
|
LSN: |
1-4827-6254-4 |
Barcode: |
9781482762549 |
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