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    • Publisher:
      Cambridge University Press
      Publication date:
      20 September 2017
      21 September 2017
      ISBN:
      9781107588974
      9781107066601
      9781107689015
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.82kg, 514 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.62kg, 518 Pages
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    Book description

    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.

    Reviews

    '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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    Contents

    • Supreme Law of the Land?
    • Supreme Law of the Land? - Title page
      pp i-iv
    • Copyright page
      pp i-iv
    • Dedication
      pp i-iv
    • Contents
      pp v-vi
    • Contributors
      pp vii-viii
    • Acknowledgments
      pp ix-xii
    • Introduction
      pp xiii-xiv
    • 1 - Treaties in U.S. Law from the Founding to the Restatement (Third)
      pp 1-14
    • 2 - Treaties in the Third Restatement
      pp 15-54
    • 4 - Self-Execution
      pp 92-147
    • 5 - Treaties, Federalism, and the Contested Legacy of Missouri v. Holland
      pp 148-178
    • 6 - Recent Trends in U.S. Treaty Implementation
      pp 179-227
    • 8 - Judicial Barriers to the Enforcement of Treaties
      pp 282-332
    • Conclusion
      pp 411-460
    • Treaties as the Law of the Land: Change and Continuity
    • Index
      pp 461-479

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