Description

Book Synopsis
Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.

Table of Contents
Contents: American foreign policy – Prosecuting offences against the law of nations – Ratification of international human rights instruments – A juvenile justice system that violates international standards of rights of the child – A hostile attitude toward jurisprudence of international tribunals – American exceptionalism and the international criminal court – Military interventions in Kosovo, Afghanistan and Iraq.

Implementation of International Law in the United

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A Hardback by Johan D. van der Vyver

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    View other formats and editions of Implementation of International Law in the United by Johan D. van der Vyver

    Publisher: Peter Lang AG
    Publication Date: 18/03/2010
    ISBN13: 9783631598801, 978-3631598801
    ISBN10: 3631598807

    Description

    Book Synopsis
    Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.

    Table of Contents
    Contents: American foreign policy – Prosecuting offences against the law of nations – Ratification of international human rights instruments – A juvenile justice system that violates international standards of rights of the child – A hostile attitude toward jurisprudence of international tribunals – American exceptionalism and the international criminal court – Military interventions in Kosovo, Afghanistan and Iraq.

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