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The Constitution as Treaty transforms the conceptualization of US
constitutional law by exploring the interpretive implications of
viewing the US Constitution as a treaty. It argues that federal
courts constitute an international tribunal system, and, as such,
their jurisdiction is governed by international law enabling them
to exercise judicial review authority and undercutting much of the
judicial activist critique. The Constitution as Treaty continues
with an examination of what is international law and its major
interpretive principles in order to set the stage for examining how
different sources and principles of international law are
intrinsically integrated into US constitutional law and, thereby,
are available to federal courts for deciding cases. It addresses
the Charming Betsy Rule, the non-self-execution doctrine, the
last-in-time rule, and the proper use of customary international
law and other international law sources not mentioned in Article
III. The Constitution as Treaty concludes that federal courts
generally must construe the United States' international legal
obligations liberally.
International Human Rights and Humanitarian Law: Treaties, Cases,
and Analysis introduces the reader to the international legal
instruments and case law governing the substantive and procedural
dimensions of international human rights and humanitarian law,
including economic, social, and cultural rights. The book, which
was originally published in 2006, also discusses the history and
organisational structure of human rights and humanitarian law
enforcement mechanisms. A chapter is devoted a chapter to the
issues surrounding the incorporation of international law into U.S.
law, including principles of constitutional and statutory
interpretation, conflict rules, and the self-execution doctrine.
Questions and comments sections provide critical analyses of issues
raised in the materials. The last chapter addresses theoretical
issues facing contemporary international human rights and
humanitarian law and its enforcement.
The Constitution as Treaty transforms the conceptualization of US
constitutional law by exploring the interpretive implications of
viewing the US Constitution as a treaty. It argues that federal
courts constitute an international tribunal system, and, as such,
their jurisdiction is governed by international law enabling them
to exercise judicial review authority and undercutting much of the
judicial activist critique. The Constitution as Treaty continues
with an examination of what is international law and its major
interpretive principles in order to set the stage for examining how
different sources and principles of international law are
intrinsically integrated into US constitutional law and, thereby,
are available to federal courts for deciding cases. It addresses
the Charming Betsy Rule, the non-self-execution doctrine, the
last-in-time rule, and the proper use of customary international
law and other international law sources not mentioned in Article
III. The Constitution as Treaty concludes that federal courts
generally must construe the United States' international legal
obligations liberally.
International Human Rights and Humanitarian Law: Treaties, Cases,
and Analysis introduces the reader to the international legal
instruments and case law governing the substantive and procedural
dimensions of international human rights and humanitarian law,
including economic, social, and cultural rights. The book, which
was originally published in 2006, also discusses the history and
organisational structure of human rights and humanitarian law
enforcement mechanisms. A chapter is devoted a chapter to the
issues surrounding the incorporation of international law into U.S.
law, including principles of constitutional and statutory
interpretation, conflict rules, and the self-execution doctrine.
Questions and comments sections provide critical analyses of issues
raised in the materials. The last chapter addresses theoretical
issues facing contemporary international human rights and
humanitarian law and its enforcement.
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