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Articles 1 - 27 of 27

Full-Text Articles in Law

The Courts And Foreign Affairs At The Founding, Kevin Arlyck Feb 2017

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Aug 2015

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 Aug 2015

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 Jan 2014

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 Dec 2010

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 Jun 2010

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 Jan 2010

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 Jan 2010

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 Jan 2009

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 Jan 2009

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 May 2003

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 May 2003

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 May 2003

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 Sep 2000

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 May 2000

Gramsci, Hegemony, And The Law, Douglas Litowitz

BYU Law Review

No abstract provided.


National Foreign Trade Council V. Natsios And The Foreign Relations Effects Test: Searching For A Viable Approach, Patrick J. Thurston May 2000

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 Mar 1982

Presidential Power And The Iranian Hostage Agreement: Dames & Moore V. Regan, Mark David Davis

BYU Law Review

No abstract provided.