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Contents
- Preliminary Material
- Main Text
- 1 Courts and Foreign Affairs
- Subject Matter Jurisdiction and Justiciability
- Personal Jurisdiction
- Choice of Law in the Federal and State Courts
- Act of State Doctrine
- Forum Non Conveniens and Comity-Based Abstention
- Charming Betsy Canon
- Deference to the Executive Branch in Foreign Relations Cases
- Constitutional Powers of Congress and the President
- Relationship between Congress and the President
- Preemption of State Law
- 2 Treaties
- The Treaty Process
- Conditional Consent
- Treaties as Supreme Federal Law
- Non–Self-Execution
- The VCCR Litigation
- Separation of Powers and Non–Self-Execution
- Non–Self-Execution Declarations
- Last-in-Time Rule
- Treaties and the President
- Prohibition of State Treaty-Making
- Relationship of Treaties to U.S. Federalism
- Relationship of Treaties to Individual Rights
- Subject Matter Scope of the Treaty Power
- Interpretation of Treaties
- Terminating Treaty Commitments
- 3 Executive Agreements
- The Rise of Executive Agreements
- Executive Agreements Pursuant to Treaty
- Congressional–Executive Agreements
- Partial Interchangeability of Treaties and Congressional–Executive Agreements
- Sole Executive Agreements
- Settlement of Claims
- Legal Effect and Termination of Sole Executive Agreements
- Soft Law Agreements
- 4 Decisions and Orders of International Institutions
- 5 Customary International Law
- Text of the U.S. Constitution
- Part of Our Law
- General Common Law
- Erie Railroad v. Tompkins
- Federal Common Law and Sabbatino
- Filartiga and the Restatement (Third)
- CIL as Federal Common Law
- Challenges to the Federal Common Law Claim
- Political Branch Authorization for Federalizing CIL
- International Law and Constitutional Interpretation
- Uncertainties Surrounding CIL
- 6 Extraterritorial Application of U.S. Law
- 7 Alien Tort Statute Litigation
- 8 Sovereign and Official Immunity
- 9 Extradition and Other Means of Criminal Law Enforcement
- 10 War Powers and the War on Terrorism
- Modern International Law and Warfare
- Congressional War Powers
- Presidential War Powers
- War Powers Resolution
- Delegating War Powers
- Placing U.S. Troops under Foreign Command
- Military Detentions in the “War on Terrorism”
- Third Geneva Convention
- Judicial Review of the Detentions
- Scope of Detention Authority
- International Law and the AUMF
- Additional Detention Legislation
- Military Commission Trials
- Coercive Interrogation
- Targeted Killing
- 1 Courts and Foreign Affairs
- Further Material
