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9781566621595

Transnational Legal Problems: Materials and Text

by
  • ISBN13:

    9781566621595

  • ISBN10:

    1566621593

  • Edition: 4th
  • Format: Hardcover
  • Copyright: 1994-06-01
  • Publisher: Foundation Pr

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Summary

Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Table of Contents

PREFACE TO THE FOURTH EDITION iii(6)
ACKNOWLEDGEMENTS ix(16)
TABLE OF CASES
xxv
PART ONE. TRANSNATIONAL PROBLEMS WITHIN NATIONAL LEGAL SYSTEMS 3(156)
Chapter I. How a National Legal System Treats Aliens and Their Activities
3(82)
A. Links of Individuals to Political Communities
3(11)
B. Immigration and Deportation
14(30)
C. Protection of the Alien Under National Law
44(6)
D. Access of Aliens to Economic Activities
50(35)
1. Restrictions in the United States
51(23)
2. Regulation of Foreign Investment in Some Foreign Countries
74(11)
Chapter II. Distribution of National Powers to Deal With Transnational Problems
85(74)
A. Distribution of Powers Within the Federal Government
86(61)
1. Powers of the Executive, Congress and the Courts
89(43)
2. War Powers: The Reach and Control of Executive Power
132(15)
B. Foreign Affairs and Federalism
147(12)
PART TWO. INTERNATIONAL LAW AND ITS RELATIONSHIP TO NATIONAL LEGAL SYSTEMS 159(510)
Chapter III. Distinctive Characteristics of the International Legal Process
159(178)
A. Comparisons With Conceptions of Law and Legal Process in National Systems
159(9)
B. International Tribunals
168(18)
C. Protection by States of Their Nationals
186(45)
1. Protection of Individuals
187(17)
2. Protection of Corporations
204(21)
3. Exhaustion of Local Remedies
225(6)
D. The Processes By Which International Law Develops
231(76)
1. The Role of Custom
232(38)
2. The Role of Treaties
270(28)
3. The Role of International Organizations
298(9)
E. Conflict with National Law: The Concept of Domestic Jurisdiction
307(7)
F. Contemporary Perspectives on International Law
314(23)
Chapter IV. International Human Rights and the Protection of Property: Two Illustrations of the International Legal Process
337(177)
A. Background Ideas
337(3)
B. Protection of the Person: International Human Rights
340(106)
1. Basic Conventions and Norms
341(25)
2. The Challenge of Cultural Relativism
366(25)
3. Intergovernmental Human Rights Organs
391(11)
4. Regional Human Rights Institutions
402(37)
5. The Roles of Nongovernmental Organizations
439(7)
C. Expropriation of Alien-Owned Property
446(60)
1. The Consensus and the Challenge
451(21)
2. Settlement of Some Post-War Disputes: Substance and Techniques
472(7)
3. Efforts to Develop a New Consensus
479(17)
4. Efforts to Develop New Techniques to Enforce Standards or Settle Disputes
496(10)
D. The Calvo Clause
506(8)
Chapter V. Interpenetration of National and International Law: General Themes
514(155)
A. Customary International Law Before National Courts
514(18)
B. International Agreements and National Law
532(58)
1. The Constitutional Status of the Treaty
534(19)
2. Self-Executing Treaties
553(8)
3. Executive Agreements
561(14)
4. Congressional-Executive Tensions Over International Agreements
575(5)
5. Treaty Interpretation by National Courts
580(10)
C. Some Foreign Comparisons
590(5)
D. National Legislation Based on Reciprocity
595(8)
E. Human Rights Issues in the United States
603(66)
1. International Human Rights in U.S. Courts
603(20)
2. Ratification of the International Covenant on Civil and Political Rights
623(15)
3. Conditioning Aid or Trade on Compliance With Human Rights Standards
638(31)
PART THREE. THE ROLE OF NATIONAL JUDICIARIES IN BUILDING A TRANSNATIONAL LEGAL SYSTEM 669(152)
Chapter VI. Courts in a Transnational Setting: Jurisdiction and Foreign Judgments
669(84)
A. Introductory Concepts
669(20)
B. Transnational Aspects of Adjudicatory Jurisdiction
689(23)
1. Adjudicatory Jurisdiction in the United States
691(14)
2. Adjudicatory Jurisdiction in Some European Countries
705(7)
C. Enforcement of Foreign-Country Judgments
712(41)
1. Enforcement in the United States
713(17)
2. Enforcement in France
730(7)
3. Enforcement in Germany
737(3)
4. Cooperative Arrangements Through Treaties
740(13)
Chapter VII. Local Courts and Foreign Sovereignty: Jurisdictional Immunities, the Act of State Doctrine and Human Rights Litigation
753(68)
A. Immunity of Foreign Sovereigns From the Jurisdiction of Local Courts
753(27)
B. The Act of State Doctrine
780(41)
PART FOUR. THE TRANSNATIONAL REACH OF NATIONAL LEGAL SYSTEMS 821(175)
Chapter VIII. The Transnational Reach of Criminal Legislation
821(64)
A. The General Principles and Some Illustrations
823(37)
B. International Cooperation in Controlling Criminal Conduct
860(15)
C. An International Law of Crimes: From Nuremberg to the Present
875(10)
Chapter IX. The Transnational Reach of Economic Regulation
885(111)
A. Introductory Notions: The Relevance of Choice-of-Law Principles and Methodology
888(9)
B. Welfare Legislation for Seamen
897(24)
C. Antitrust Regulation
921(62)
1. Problems in Determining the Reach of the Antitrust Laws
922(38)
2. Problems in the Enforcement Abroad of Antitrust Decrees of American Courts
960(23)
D. Export Controls
983(13)
PART FIVE. THE DEVELOPMENT OF INTERNATIONAL ORGANIZATIONS 996(177)
Chapter X. International Organizations: an Overview
996(46)
A. Introduction
996(5)
B. External Relations
1001(13)
C. The Internal Structure of International Organizations
1014(23)
D. Powers and Functions of International Organizations
1037(5)
Chapter XI. The United Nations: The Control of Armed Conflict
1042(40)
A. The Prohibition of Violence
1042(12)
B. Episodes in the Use of Armed Force
1054(13)
C. Peace-Keeping Activity of the UN
1067(15)
Chapter XII. The European Community (Common Market)
1082(91)
A. Conspectus of the EC Treaty
1083(24)
B. Constitutional Issues and the Role of the Court of Justice
1107(66)
1. Direct Applicability of Community Law
1109(12)
2. The Use of Article 177 by National Courts
1121(14)
3. Conflicts Between Community Law and National Constitutions
1135(22)
4. Practice Under Articles 169 and 173
1157(16)
Index 1173

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