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Vol 21 No 11 Nov/Dec 2016

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International Law and United States Law

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John M. RogersUniversity of Kentucky College of Law, USA

ISBN13: 9781840140606
ISBN: 1840140607
Published: April 2001
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This text identifies, explains and justifies the generally accepted role of public international law in the application of United States law by United States courts. It rejects the idea of international law as a sort of ""super-constitution"" that ""controls"" the president or Congress, it also rejects the opposite extreme, that international law is no more than a policy consideration for the courts to consider.;The middle position is justified by a careful balancing of two important national interests - constitutional separation of powers and the ability of the United States to benefit from the international system of binding obligations commonly called international law.

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Contents:
What is international law?; the ""Paquete Habana"" - a model customary law proof; treaties, custom and Jus cogens; dualism, Luther v. Borden and Martin v. Hunters Lessee; international law as a rule of interpretation for domestic legislation; treaties as the law of the land; incorporation by reference; international law as common law; treaties and statutes against the background of customary international law; international human rights in United States law; international obligations of foreign states in US courts.