The Supreme Court and international law: the demise of Restatement section 403
Article Abstract:
The customary international law of prescriptive jurisdiction was correctly applied by the U.S. Supreme Court majority in Hartford Fire Insurance Co. v. California, rejecting section 403 of the Restatement (Third) of Foreign Relations Law of the United States. The dissenting opinion written by Justice Scalia included a valuable model of how customary international law should be applied to interpretation of domestic law. However, by relying too much on the Restatement rather than actually examining customary international law, Justice Scalia reached the incorrect conclusion.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
The President's constitutional authority to use limited military force
Article Abstract:
The U.S. intervention in Haiti illustrates how presidential power to employ limited military force can support democratic values, such as political accountability. The Haiti example is the latest in a series of precedents establishing unqualified presidential authority to order such military operations without congressional approval. Although Congress is often viewed as the more democratic branch of government, the President is more accountable to the American people as a whole for decisions such as intervention in Haiti than Congress would be.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Forum shopping, antisuit injunctions, negative declarations, and related tools of international litigation
Article Abstract:
Negative declarations, antisuit injunctions, and suits for declaratory judgment of nonliability have become prominent countermeasures in forum shopping situations, despite their inefficiency. A global judgments convention is needed as a way of developing a consensus on the enforcement and recognition of judgments and appropriate tactics for international litigation. An analysis of three cases involving forum shopping, along with comments on the Brussels system, is presented.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Not in the corporation's best interests. Class wars: the dilemma of the mass tort class action
- Abstracts: Hidden opportunities and dangers in International Trade Commission Section 337 proceedings. Remarks before the Intellectual Property section of the A.B.A
- Abstracts: Hidden opportunities and dangers in International Trade Commission Section 337 proceedings. part 2 35 U.S.C. section 287(c) - the physician immunity statute
- Abstracts: Public and private transnational enforcement of EU consumer law. Methodology of uniform contract law-the UNIDROIT principles as a source of law
- Abstracts: The art of being a good advocate. Settlements in international construction. "By any means necessary" -- unprotected conduct and decisional discretion under the National Labor Relations Act