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Articles 1 - 27 of 27
Full-Text Articles in Law
The Courts And Foreign Affairs At The Founding, Kevin Arlyck
The Courts And Foreign Affairs At The Founding, Kevin Arlyck
BYU Law Review
No abstract provided.
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
BYU Law Review
No abstract provided.
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
BYU Law Review
No abstract provided.
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
BYU Law Review
No abstract provided.
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
BYU Law Review
No abstract provided.
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
BYU Law Review
The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Treaties And The Presumption Against Preemption, David H. Moore
Treaties And The Presumption Against Preemption, David H. Moore
BYU Law Review
No abstract provided.
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
BYU Law Review
No abstract provided.
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
BYU Law Review
No abstract provided.
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review
No abstract provided.
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
United Nations Arms Trade Treaty: Russia's Justifications For Abstention And The Treaty's Effectiveness In Application, Joshua D. Sorenson
Brigham Young University International Law & Management Review
No abstract provided.
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton
Brigham Young University International Law & Management Review
No abstract provided.
Beyond One Voice, David H. Moore
Beyond One Voice, David H. Moore
Faculty Scholarship
The one-voice doctrine, a mainstay of U.S. foreign relations jurisprudence, maintains that in its external relations the United States must be able to speak with one voice. The doctrine has been used to answer critical questions about the foreign affairs powers of the President, Congress, the courts, and U.S. states. Notwithstanding its prominence, the one-voice doctrine has received relatively little sustained attention. This Article offers the first comprehensive assessment of the doctrine. The assessment proves fatal.
Despite broad use and value in certain contexts, the one-voice doctrine is fundamentally flawed. The doctrine not only is used to address divergent questions …
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
A Study On The Development Of A Global Community From A Legal Perspective, Sung-Soo Han
Brigham Young University International Law & Management Review
No abstract provided.
A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou
Brigham Young University International Law & Management Review
No abstract provided.
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Do U.S. Courts Discriminate Against Treaties?: Equivalence, Duality, And Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
The President's Unconstitutional Treatymaking, David H. Moore
The President's Unconstitutional Treatymaking, David H. Moore
Faculty Scholarship
The President of the United States frequently signs international agreements but postpones ratification pending Senate consent. Under international law, a state that signs a treaty subject to later ratification must avoid acts that would defeat the treaty's object and purpose until the nation clearly communicates its intent not to join. As a result, the President in signing assumes interim treaty obligations before the treatymaking process is complete. Despite the pervasiveness of this practice, scholars have neglected the question of its constitutionality. As this Article demonstrates, the practice is unconstitutional. Neither the text, structure, nor history of the Constitution supports the …
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Law(Makers) Of The Land: The Doctrine Of Treaty Non-Self-Execution, David H. Moore
Faculty Scholarship
No abstract provided.
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Medellin, The Alien Tort Statute, And The Domestic Status Of International Law, David H. Moore
Faculty Scholarship
No abstract provided.
The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel
The Lonely Pragmatist: Humanitarian Intervention In An Imperfect World, David Vessel
Brigham Young University Journal of Public Law
No abstract provided.
Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel
Islam And The Global Society: A Religious Approach To Modernity, Charles Mcdaniel
BYU Law Review
No abstract provided.
Preventive Peacemaking In Macedonia: An Assessment Of U.N. Good Offices Diplomacy, David J. Ludlow
Preventive Peacemaking In Macedonia: An Assessment Of U.N. Good Offices Diplomacy, David J. Ludlow
BYU Law Review
No abstract provided.
Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies
Human Rights, Foreign Policy, And Religious Belief: An Asiaflacific Perspective, Pamela A. Jefferies
BYU Law Review
No abstract provided.
Gramsci, Hegemony, And The Law, Douglas Litowitz
National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston
National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston
BYU Law Review
No abstract provided.
Presidential Power And The Iranian Hostage Agreement: Dames & Moore V. Regan, Mark David Davis
Presidential Power And The Iranian Hostage Agreement: Dames & Moore V. Regan, Mark David Davis
BYU Law Review
No abstract provided.