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The Restatement and Beyond: The Past, Present, and Future of U.S. Foreign Relations Law

Edited by: Paul B. Stephan, Sarah A. Cleveland

ISBN13: 9780197533154
Published: November 2020
Publisher: Oxford University Press
Country of Publication: USA
Format: Hardback
Price: £127.50

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Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade.

The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development.

These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

Other Jurisdictions , USA
Introduction - The Role of the Restatements in U.S. Foreign Relations
Sarah H. Cleveland & Paul B. Stephan
I. The Fourth Restatement and The Past
Chapter 1: From the Third to the Fourth Restatement of Foreign Relations: The Rise and Potential Fall of Foreign Affairs Exceptionalism
G.E. White
II. The Fourth Restatement and the Law of Treaties
Chapter 2: Could the President Unilaterally Terminate All International Agreements? Questioning Section 313
Harold Hongju Koh
Chapter 3: Taking Treaty Implementing Statutes Seriously
Samuel Estreicher
Chapter 4: The Fourth Restatement's Treatment of International Law and Administrative Law
Jean Galbraith
Chapter 5: Article II Treaties and Signaling Theory
Curtis A. Bradley
III. The Fourth Restatement, International Law, and Domestic Courts
Chapter 6: Federalizing International Law
Gary Born
Chapter 7: The Waning of the Federal Common Law of Foreign Relations
Paul B. Stephan
Chapter 8: Restating The Charming Betsy as A Canon of Avoidance
Anthony J. Bellia, Jr. & Bradford R. Clark
Chapter 9: Personal Jurisdiction and Fifth Amendment Due Process Revisited
Chimène I. Keitner
Chapter 10: Customary International Law and U.S. Judicial Power: From the Third to the Fourth Restatements
Thomas H. Lee
Chapter 11: International Law in U.S. Courts Within the Limits of the Constitution
John Harrison
IV. The Restatement and International Law's Limits on Domestic Jurisdiction
Chapter 12: Reasonableness as a Limitation on the Extraterritorial Application of U.S. Law: From 403 to 405 (via 404)
Hannah Buxbaum & Ralf Michaels
Chapter 13: Adjudicatory Jurisdiction and Public International Law: The Fourth Restatement's New Approach
Austen Parrish
Chapter 14: International Comity in the Fourth Restatement
William S. Dodge
Chapter 15: Toward the Fifth Restatement of U.S. Foreign Relations Law: The Future of Adjudicative Jurisdiction under International Law
Pamela K. Bookman
Chapter 16: Forum Non Conveniens in the Fourth Restatement
Donald E. Childress III
Chapter 17: Territoriality and Its Troubles
George Rutherglen
V. The Restatement and Immunity
Chapter 18: The Fourth Restatement, International Law, and the Beth Stephens
Chapter 19: The Jurisdictional Immunities of International Organizations: Recent Developments and the Challenges of the Future
David P. Stewart & Ingrid Wuerth
Chapter 20: Foreign-Official Immunity under the Common Law
John B. Bellinger III & Stephen K. Wirth
VII. The Restatement's Futures
Chapter 21: Constitutional Authority for the Transboundary Deployment of Armed Force
Bakhtiyar Tuzmukhamedov
Chapter 22: Sleeping Dogs: The Fourth Restatement and International Humanitarian Law
Ashley Deeks
Chapter 23: Consider the Source: Evidence and Authority in the Fourth Restatement
Edward Swaine
Chapter 24: The Restatements of Foreign Relations and the Rule of Law
Kristina Daugirdas
Chapter 25: Can the Fourth Restatement of Foreign Relations Law Foster Legal Stability?
Jide Nzelibe