User:Howard C. Berkowitz/J: Difference between revisions

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imported>Howard C. Berkowitz
(New page: {{TOC-right}} Variously called the '''judicialization of international relations'''<ref name=Goldsmith>, the '''judicialization of international politics''',<ref name=Romano>{{citation | ...)
 
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Variously called the '''judicialization of international relations'''<ref name=Goldsmith>, the '''judicialization of international politics''',<ref name=Romano>{{citation
Variously called the '''judicialization of international relations''',<ref name=Goldsmith-TP>{{citation
  | title = From the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent
| author = Jack Goldsmith
| journal = New York University Public Law and Legal Theory Working Papers
| title = The Terror Presidency | publisher = W.W. Norton | year = 2007}}, p. 21</ref> the '''judicialization of international politics''',<ref name=Romano>{{citation
| author = Cesare P.R. Romano}}</ref> or New York University School of Law
  | title = From the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent | journal = New York University Public Law and Legal Theory Working Papers | author = Cesare P.R. Romano | year = 2006 | issue = 20
| year = 2006 | issue = 20
  | url = http://lsr.nellco.org/cgi/viewcontent.cgi?article=1019&context=nyu/plltwp}}</ref> or, as a title of discussion, ''Foreign Law, Domestic Courts, and World Politics'',
  | url = }}</ref>


, or, as a title of discussion, ''Foreign Law, Domestic Courts, and World Politics'',
==U.S. issues==
In 1997, [[Jack Goldsmith]] wrote several papers on the relationships among international law, politics, and U.S. policy. One questioned the "modern position" that customary international law has the status of U.S. federal statutes. <ref name=Goldsmith-HLR-1997>{{citation
| author = Goldsmith, Jack Landman & Curtis Bradley
| title = Customary International Law as Federal Common Law: A Critique of the Modern Position
| volume = 110
| url = http://eprints.law.duke.edu/archive/00001186/01/110_Harv._L._Rev_815_(1996-1997).pdf
| journal = Harvard Law Review | page = 815 | year = 1997}}</ref> He and Curtis Bradley elaborated that the U.S. courts should not allow [[international humanitarian law]], in particular, to supercede the decisions of the Legislative and Executive Branches of the U.S. government. <ref name=Goldsmith-FLR-1997>{{citation
| author = Goldsmith, Jack Landman & Curtis Bradley
| title = The Current Illegitimacy of International Human Rights Litigation
| volume = 66 | journal = Fordham Law Review | page = 319 | year = 1997
| url = http://eprints.law.duke.edu/archive/00001185/01/66_Fordham_L._Rev._319_(1997-1998).pdf
}}</ref>
==References==
{{reflist|2}}

Revision as of 09:37, 27 April 2009

Template:TOC-right Variously called the judicialization of international relations,[1] the judicialization of international politics,[2] or, as a title of discussion, Foreign Law, Domestic Courts, and World Politics,

U.S. issues

In 1997, Jack Goldsmith wrote several papers on the relationships among international law, politics, and U.S. policy. One questioned the "modern position" that customary international law has the status of U.S. federal statutes. [3] He and Curtis Bradley elaborated that the U.S. courts should not allow international humanitarian law, in particular, to supercede the decisions of the Legislative and Executive Branches of the U.S. government. [4]

References

  1. ↑ Jack Goldsmith (2007), The Terror Presidency, W.W. Norton, p. 21
  2. ↑ Cesare P.R. Romano (2006), "From the Consensual to the Compulsory Paradigm in International Adjudication: Elements for a Theory of Consent", New York University Public Law and Legal Theory Working Papers (no. 20)
  3. ↑ Goldsmith, Jack Landman & Curtis Bradley (1997), "Customary International Law as Federal Common Law: A Critique of the Modern Position", Harvard Law Review 110: 815
  4. ↑ Goldsmith, Jack Landman & Curtis Bradley (1997), "The Current Illegitimacy of International Human Rights Litigation", Fordham Law Review 66: 319
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