The U.S. Supreme Court and the domestic force of international human rights law / Stephen A. Simon.

Format:

Book

Author/Creator:

Simon, Stephen A., 1966- author.

Language:

English

Subjects (All):

United States. Supreme Court.

United States.

Human rights--United States.

Human rights.

Civil rights--United States.

Civil rights.

International and municipal law--United States.

International and municipal law.

Physical Description:

vii, 213 pages ; 24 cm

Other Title:

The United States Supreme Court and the domestic force of international human rights law

Place of Publication:

Lanham, Maryland : Lexington Books, an imprint of The Rowman & Littlefield Publishing Group, Inc., [2016]

Summary:

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 World War II. But it is one thing to embrace something as an aspirational ideal and quite another to recognize it as enforceable law. The continued development of the international human rights regime brings a pressing question to the fore: What role should international human rights have as law within 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 Court's handling of controversies bearing most closely on it. This book shows that the specific disputes the Court has addressed can be best understood by recognizing how each dispute interconnects with an overarching debate regarding 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. Book jacket.

Contents:

1 Introduction 1

2 Customary International Law and the Alien Tort Statute 21

3 The Domestic Force of Treaties 61

4 Limits in the Fight Against Terrorism 101

5 Foreign Law in Constitutional Interpretation 139

6 Common Themes: Internationalists and Sovereigntists 173.

Notes:

Includes bibliographical references and index.

Other Format:

Online version: Simon, Stephen A., 1966- author. U.S. Supreme Court and the domestic force of international human rights law

ISBN:

9781498534703

1498534708

OCLC:

949986897