The Role of Domestic Courts in Effectuating International Law

1990 ◽  
Vol 3 (3) ◽  
pp. 77-85 ◽  
Author(s):  
Henry G. Schermers
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Law ◽  
The United States ◽  
Policy Decisions ◽  
Public Attention ◽  
Domestic Courts

In his article on the implementation of international law by the domestic courts in the United States, Richard Falk focuses on the possible role of domestic courts with respect to the acts of foreign policy which may be contrary to international law. In general that role is limited. This is the same in Europe. Falk mentions efforts of individuals, to change national foreign policy by means such as the Russell Tribunal, boycotts of products, blocking of tracks and the occupation of buildings. Such activities also happen in Europe but rather with the intention to attract public attention than with the purpose to litigate in court. In Europe it is generally accepted that courts should not take policy decisions of that kind.

International and Foreign Law in Domestic Constitutional Law

2021 ◽  
pp. 373-392
Author(s):  
Muna Ndulo
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Constitutional Law ◽  
World Wide ◽  
The United States ◽  
Post Conflict ◽  
Foreign Law ◽  
Domestic Courts

This chapter illustrates the role of international and foreign law in domestic constitutional law. Through the case analysis of South Africa (a post conflict state) and the United States (often seen as a country that is not too friendly to international and foreign legal systems), it discusses the role of international and foreign law in reconciling the regional development of the rule of law in a country, by working closely together with domestic constitutional law. The domestic courts both in the United States and South Africa, whenever they deem it appropriate, do consider international and foreign law in the resolution of disputes before them. The conditions under which each jurisdiction may resort to foreign or international law, as well as the criteria used for taking them into consideration, vary. However, most importantly, this practice should be encouraged as it promotes the uniform interpretation of international law and the progressive advancement of norms world-wide, which are aspects that are especially important in the field of human rights.

The Role of International Law in United States Death Penalty Cases

2002 ◽  
Vol 15 (2) ◽  
pp. 367-387
Author(s):  
Sandra Babcock
Keyword(s):  
United States ◽  
International Law ◽  
Death Penalty ◽  
The United States ◽  
Vienna Convention ◽  
Foreign Nationals ◽  
Capital Cases ◽  
Domestic Courts ◽  
Foreign Governments

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

Know Thyself: What Is “Wilsonianism”?

2018 ◽  
pp. 1-28
Author(s):  
Tony Smith
Keyword(s):  
United States ◽  
Foreign Policy ◽  
American Foreign Policy ◽  
The United States ◽  
Policy Decisions ◽  
Woodrow Wilson ◽  
Liberal Internationalism ◽  
History Of

This introductory chapter provides an overview of Wilsonianism, which comprises a set of ideas called American liberal internationalism. More than a century after Woodrow Wilson became president of the United States, his country is still not certain how to understand the important legacy for the country's foreign policy of the tradition that bears his name. Wilsonianism remains a living ideology whose interpretation continues either to motivate, or to serve as a cover for, a broad range of American foreign policy decisions. However, if there is no consensus on what the tradition stands for, or, worse, if there is a consensus but its claims to be part of the tradition are not borne out by the history of Wilsonianism from Wilson's day until the late 1980s, then clearly a debate is in order to provide clarity and purpose to American thinking about world affairs today.

Civil Suits

2020 ◽  
pp. 315-339
Author(s):  
Beth Van Schaack
Keyword(s):  
United States ◽  
International Law ◽  
Criminal Liability ◽  
The United States ◽  
Public Authorities ◽  
Sovereign State ◽  
Domestic Courts ◽  
The Matrix ◽  
The Icj ◽  
Convention Against Torture

Rounding out the matrix of accountability, chapter 8 presents several nonpenal options to bring justice to Syria, including civil suits in domestic courts against responsible individuals and entities and options for exercising jurisdiction over the sovereign state of Syria. Because there is no notion of state criminality under international law, only civil claims seeking money damages can be advanced against sovereign states. Jurisdiction over Syria exists before the International Court of Justice (ICJ) under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; however, so far no state has been willing to take Syria to task before the ICJ. And so, victims must bear this burden. In this regard, some tort law options exist in domestic courts, especially in the United States with its suite of statutes giving its domestic courts jurisdiction over certain international law violations in certain circumstances. This chapter features a groundbreaking suit against Syria under the United States’ Foreign Sovereign Immunities Act, which resulted in a $300 million judgment for the surviving family members of Marie Colvin, the intrepid war correspondent assassinated by the Syrian regime. The chapter observes that although civil remedies are no substitute for vigorous criminal liability, these suits do extend victims some dignitary benefits that may not accrue with participation in a criminal process, even as a partie civile, including the opportunity to control the litigation process and act where the public authorities may be unable or unwilling to do so.

James Brown Scott and the Rise of Public International Law

2008 ◽  
Vol 7 (2) ◽  
pp. 151-179 ◽  
Author(s):  
John Hepp
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Middle Class ◽  
International Law ◽  
American Foreign Policy ◽  
The United States ◽  
Public International Law ◽  
International Lawyer ◽  
Legal Expertise ◽  
Insight Into

James Brown Scott played a key role in the growth of public international law in the United States from the 1890s to the 1940s. While little remembered today, he was well-known among his contemporaries as a leading spokesman for a new and important discipline. Scott rose from obscure middle-class origins to occupy a prominent and influential place as an international lawyer who shared his legal expertise with seven presidents and ten secretaries of state. By examining his life we gain insight into the establishment of public international law as a discipline and on the era when lawyersqualawyers began to help shape American foreign policy.

Contemporary Practice of the United States Relating to International Law

1996 ◽  
Vol 90 (2) ◽  
pp. 263-279
Author(s):  
Marian Nash ◽  
(Leich)
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Law ◽  
The United States ◽  
Executive Branch ◽  
Department Of State ◽  
International Bank ◽  
Legal Adviser ◽  
The Republic ◽  
Contemporary Practice

In response to a request from the court to the Legal Adviser of the Department of State, by a letter dated November 29, 1995, the United States submitted a Statement of Interest in Meridien International Bank Ltd. v. Government of the Republic of Liberia. The United States stated that the executive branch had determined that allowing the (second) Liberian National Transitional Government (LNTG II) access to American courts was consistent with U.S. foreign policy. The court, the United States maintained, should therefore accord that Government standing to assert claims and defenses in the action on behalf of the Republic of Liberia.

scholarly journals The Role of Russia in the Formation of a Post-Pandemic World Order Timur B. Golam

2020 ◽  
pp. 27-36
Author(s):  
T.B. Golam ◽  
Keyword(s):  
United States ◽  
Foreign Policy ◽  
New World ◽  
World Order ◽  
The United States ◽  
Think Tanks ◽  
Social Aspects ◽  
New World Order ◽  
Present Stage

The article is devoted to the analysis of the role of Russia in the economic, political and social aspects of the СOVID-19 pandemic. The author considers publications of world leading research centers and think tanks as well as foreign policy decisions of leading world powers, considers relations between Russia and the United States as one of the most influential actors in the international struggle against the COVID-19 pandemic. Particular attention is paid to comparing different approaches to the international struggle against various epidemics and pandemics at the present stage. In conclusion the author makes a forecast on the possibility of the formation of a new world order in the post-pandemic period.

scholarly journals U.S. Race Relations and Foreign Policy

2021 ◽  
pp. 77
Author(s):  
Susan Page
Keyword(s):  
United States ◽  
Human Rights ◽  
Foreign Policy ◽  
United Nations ◽  
International Law ◽  
Race Relations ◽  
The United States ◽  
Human Rights Abuses ◽  
Call To Action ◽  
The United Nations

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador Susan Page is an American diplomat who has faced human rights crises both at home and abroad. We found her following call to action inspiring. We hope you do too.

scholarly journals Priorities and Implementation of US Foreign Policy by the D. Trump Administration

2021 ◽  
Vol 7 (5) ◽  
pp. 509-520
Keyword(s):  
United States ◽  
Foreign Policy ◽  
The United States ◽  
Us Foreign Policy ◽  
Strategic Culture ◽  
State Institutions ◽  
Policy Ideas ◽  
The Us ◽  
Trump Administration

The article analyzes the phenomenon of the foreign policy presidency of D. Trump. Based on the approach of neorealism theory to the analysis of foreign policy, it is pointed to the significance of four variables in implementing foreign policy: the peculiarities of the perception by the heads of foreign policy, the strategic culture of the United States, the relations between the state and the society, and the role of domestic state institutions. The author concludes that the Trump administration eliminated a number of obstacles to unilateral foreign policy, putting America first. Trump and his administration were able to coined and launch a significant number of political initiatives that were contrary to the established priorities of the US foreign policy, but not all of the declared intentions had been implemented. However, this does not mean that the administration of Joe Baden will radically revise the main foreign policy ideas of the previous administration.

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