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The U.S. Supreme Court and the Domestic Force of International Human Rights Law

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Erschienen am 25.07.2016
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Bibliografische Daten
ISBN/EAN: 9781498534710
Sprache: Englisch
Umfang: 254 S.
Auflage: 1. Auflage 2016
E-Book
Format: EPUB
DRM: Adobe DRM

Beschreibung

The core idea underlying human rights is that everyone is inherently and equally worthy of respect as a person. The emergence of that idea has been one of the most significant international developments since the Second World War. But it is one thing to embrace something as anaspirational ideal and quite another to recognize it asenforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights haveas lawwithin the American legal system?The U.S. Supreme Court and the Domestic Force of International Human Rights Law examines this question through the prism of the U.S. Supreme Courts handling of controversies bearing most closely on it. It shows that the specific disputes the Court has addressed can be best understood by recognizing how each interconnects with an overarching debate over the proper role to be accorded international human rights law within American institutions. By approaching the subject from the justices standpoint, this book reveals a divide in the Court between two fundamentally different orientations toward the domestic impact of the international human rights regime.

Autorenportrait

Stephen A. Simonis associate professor of political science and coordinator of the Program in Philosophy, Politics, Economics, and Law (PPEL) at the University of Richmond.

Inhalt

Chapter 1: IntroductionChapter 2: Customary International Law and the Alien Tort StatuteChapter 3: The Domestic Force of TreatiesChapter 4: Limits in the Fight against TerrorismChapter 5: Foreign Law in Constitutional InterpretationChapter Six: Common Themes: Internationalists and SovereigntistsBibliography

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