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Article: The constitutional power to interpret international law.
- Article from:
- The Yale Law Journal
- Article date:
- June 1, 2009
- Author:
CopyrightCOPYRIGHT 2009 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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FEATURE CONTENTS
INTRODUCTION
I. THE FOG OF INTERNATIONAL LAW
A. The Trouble with Treaties
B. Executive Agreements
C. "Customary International Law"
II. THE POWER TO SAY WHAT INTERNATIONAL LAW IS (FOR THE UNITED
STATES)
A. Congress's Power To Interpret and Apply International Law as
Domestic U.S. Law
B. The President's Power To Interpret and Enforce International
Law
C. The U.S. Judicial Power To Interpret International Law for the
United States
III. THE RELEVANCE AND IRRELEVANCE OF INTERNATIONAL LAW TO UNITED
STATES LAW AND THE WAR ON TERROR
A. The Power To Initiate War-Jus ad Bellum
...