Book Symposium on “International Law in the US Legal System” by Curtis Bradley
This week, we are hosting a symposium on Curtis Bradley’s new book “International Law in the US Legal System“, published last month by Oxford University Press. OUP has kindly agreed to offer Opinio Juris readers a 20% discount, which you can access by clicking on the ad at the right.
According to the abstract, the book
explores the dynamic intersection between international law and the domestic legal system within the United States and covers both settled principles as well as unresolved issues and areas of controversy. Curtis Bradley considers all of the principal forms of international law: treaties, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of specific topics that are implicated by the intersection of U.S. law and international law, such as foreign sovereign immunity, international human rights litigation, extradition, war powers, and extraterritoriality. As he explains, international law plays an important and sometimes under-appreciated role in the U.S. legal system, but its domestic application is mediated by a variety of structural considerations, including federalism and the separation of powers. This book highlights recent decisions and events relating to the topic (including decisions and events arising out of the war on terrorism), while also taking into account relevant historical materials, including materials relating to the U.S. constitutional founding. The book is designed to be accessible to a wide range of lawyers, judges, law students, and policymakers, both inside and outside the United States.
Each day, two commentators will focus on a particular topic. David Moore (BYU) and Jean Galbraith (Rutgers) will kick off later today with a discussion on Treaties, Self-Execution, and Federalism. Tomorrow, Julian Ku (Hofstra, and of course OJ) and Kristina Daugirdas (Michigan) discuss Delegating Authority to International Institutions. On Wednesday, Mark Weisburd (UNC) and William Dodge (UC Hastings) address the Domestic Status of Customary International Law. On Friday, Michael Ramsey (San Diego) and Ingrid Wuerth (Vanderbilt) wrap up the symposium with a discussion on International Law and War Powers.
We hope that these comments will only be the start of the discussion and that our readers will join in in the comments.