Supremacy and Diplomacy: The International Law of the U.S. Supreme Court
HARLAN GRANT COHEN University of Georgia School of Law
Berkeley Journal of International Law, Vol. 24, No. 1, 2006
Abstract: In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered is how these cases fit together and what, together, these cases can tell us about the Supreme Court's nascent theories of international law.Supremacy and Diplomacy: The International Law of the U.S. Supreme Court examines the international theory of the U.S. Supreme Court. ...(see more at © 2008 Social Science Electronic Publishing, Inc.)
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