Introduces the history and nature of international law, and examines the sources of international law-treatise, custom, general principles, jus cogens, and equity. Also covers important fields of international law: individuals and human rights; recognition and self-determination; war and peace and the United Nations; Antarctica, outer space, the law of the sea, and international environmental laws; and international conflict of laws, foreign sovereign immunity, and act of state.
Updated with an emphasis on current issues, this classic casebook emphasizes developments in international law, with expertly edited cases and problems for class discussion. Cases and Materials on International Law offers a treatment of the subject for introductory and advanced classes and detailed readings and reference materials for those who wish to pursue topics in depth. The fourth edition enriches every chapter with new information on institutions contributing to the sources and enforcement of international law, including the World Trade Organization, the International Criminal Tribunals for Yugoslavia and Rwanda, the prospective International Criminal Court, and organizations in the fields of law of the sea and arms control. International criminal law now has a chapter of its own, and the casebook gives expanded treatment to human rights, environmental law, and economic law.
International Law for the Environment is a comprehensive exposition of contemporary international environmental law and the governance institutions that implement it. Part I sets out the drivers of threats to the planet's air, water and social support systems, the philosophical, economic, and scientific foundations of the legal responses to these threats, and the customary and treaty-based legal regimes that have emerged. These regimes are placed in the context of general international law. Part II introduces the students to the major treaty-based regimes such as those addressing transboundary air and water pollution, the control of pollutants which deplete the ozone layer, global climate change, the protection of oceans and polar regions, the disposal of hazardous wastes outside the country of origin, the protection and allocation of fresh waters and the restoration of degraded aquatic ecosystems, and the conservation of biological diversity. Also addressed is the linkage between agricultural production and the environment. Part III examines the integration of environmental considerations into international regimes such as human rights and environmental justice, international trade law and the financing of sustainable development. Environmental governance is discussed in Part IV, together with material on international environmental institutions and the international legal system. Throughout the book the incorporation of international environmental law principles and treaty obligations into national judicial decisions and legislation is stressed.
This classic international law casebook has been updated to cover recent case law, including the International Court's Extradite or Prosecute (Belgium v. Senegal) case, and the Supreme Court's decisions in Samantar v. Yousef (on foreign sovereign immunity) and Kiobel v. Royal Dutch Petroleum (on the Alien Tort Statute). With extraordinary range and depth, this casebook probes "hot topics" such as the Syrian civil war, the seizure of pirates, and the ICC's indictments of African leaders, all calculated to provoke engaging classroom discussions. This casebook is designed for introductory and advanced classes, with detailed readings on the structure and actors of international law and on specialized areas.
Introduces the history and nature of international law, and examines the sources of international law-treaties, customary international law, general principles, jus cogens, and equity--and the different forums in which international law is interpreted and applied. Also covers important fields of international law: individual and human rights; recognition and self-determination; war and peace; the United Nations; Antarctica; outer space; the law of the sea; international environmental laws; international conflict of laws; foreign sovereign immunity; and act of state. All chapters have been thoroughly updated. This edition newly examines U.S. cases on the application of international law in the U.S. legal system, the legal regime governing climate change, the proliferation of international courts and tribunals, the responsibility of international organizations for the actions of their agents, and recent developments at the International Criminal Court.
This is the first major casebook devoted to international banking law. It examines cutting edge legal and regulatory developments in international banking law, as focused through the business and structural means by which banks conduct international activities--the business of international banking. In doing so, the book highlights the fact that, as international banking has grown and increasingly plays a key role in the international economy, so have practical and policy concerns arisen that have caused an increasing need and support for international banking laws and regulation. The book presents the practical aspects of legal issues that arise in the most common international banking transactions, including the legal role of international banks in letters of credit transactions, international loan syndications and international deposit transactions--so called "ringfencing" of deposits. In so doing, the book seeks to engage the student to understand the respective roles, responsibilities and liabilities of banks associated with these transactions, and the related regulatory concerns reflected in banking laws, regulations and policies. This book also explores international banking regulation, including an analysis of the international principles of bank supervision and the evolving work and influence of the Basel Committee on Bank Regulation and Supervision and regulation of U.S. banks in foreign markets. Significantly, it examines critical international banking legal issues and policies in the context of the recent global financial crisis, government "bailouts" and global financial regulatory reform initiatives responding to the crisis, the causes of the global financial crisis, government reactions and perceived weaknesses in the international financial regulatory system, and regulatory reform covering the Dodd-Frank Act, G-10 and Basel Committee reform initiatives. The book also examines the regulation of foreign banking organizations in the U.S. under the Federal Reserve Board's Regulation K and International Banking Act, Foreign Bank Supervision and Enhancement Act and related laws and regulations. Also, the book analyzes current legal and regulatory developments in anti-terrorism, money laundering, and embargo laws as relates to international banking operations. Finally, the book covers the "single rulebook" banking regulation of the European Monetary Union--the first transnational regulation of international banking. The book also presents emerging ethical considerations in international banking law practice, and the implications of relevant ethical guidance by the American Bar Association and the International Bar Association.
Poses four clusters of world order problems that require students to identify and frame legal issues in factual context. Enables students to determine the relevance of information, organize relevant law and policy, test their analytical skills, and develop a critical understanding of the possibilities of international law. Focuses on the current work of the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Comprises a series of hypothetical problems involving fictional countries in "real world" decision-making settings, organized around themes that conveniently cluster the principal challenges to the current world order.
This course book offers entertaining and systematically organized content to explain the many complex legal regimes governing international business transactions. The book is written by an experienced international business lawyer and introduces all major legal aspects of cross-border business, focusing on U.S.-based law practice. This book covers transactional, regulatory, and treaty regimes, with special emphasis on the modern need to protect intellectual property and plan for disputes. It integrates visual aids, career advice by eminent practicing attorneys in each legal field, policy problems, and practice problems to hone skills in issue spotting and applied legal analysis.
Author: Ralph Folsom,Michael Gordon,Michael Van Alstine,Michael Ramsey
Publisher: West Academic Publishing
The 12th Edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are included. The book provides current in-depth examination of issues clients are likely to face, such as contracting for sales across borders, financing international transactions, defending against import competition, expanding exports and overseas markets, investing abroad and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing and investment, and explore how issues and problems are addressed by lawyers as problem solvers. The below Power Point presentations contain visual representations of a variety of international business transactions covered in the master International Business Transactions coursebook and in IBT: Contracting Across Borders. Through the use of illustrations, charts, and movement, the presentations show how the parties are situated as well as how the transactions typically unfold. The Power Points cover a wide variety of subjects, including the basic IBT sales transaction, the "battle of the forms," commercial terms and bills of lading, documentary sales transactions, letters of credit, and international project financing.
This text, the only criminal law casebook authored by two progressive female law professors of color, provides the reader with both critical race and critical feminist theory perspectives on criminal law while following a traditional format. All of the usual subject areas are covered, but the book is unique in highlighting the cultural context of substantive criminal law. The book seamlessly integrates issues of race, gender, class, and sexual orientation so the teacher who wishes to address such issues does not have to assign supplemental reading assignments in order to do so. The book is also very student-friendly, providing a brief doctrinal overview of the subject matter at the beginning of each chapter. The book does away with the tradition of long lists of notes and questions following the cases, a trademark feature of many older casebooks, putting this material in the Teachers Manual for the teacher to use at his or her discretion. The forthcoming third edition is fresh and innovative, referencing several ripped from the headlines controversies, including the shooting of Trayvon Martin by George Zimmerman and Florida's stand your ground law, the arrest of African American Harvard professor Henry Louis Gates, Jr. for disorderly conduct, the shooting of Larry King, a gender nonconforming teenager, by classmate Brandon McInerney and the gay panic defense, and the repeal of North Carolina's Racial Justice Act.
Lon L. Fuller,Melvin Aron Eisenberg,Mark P. Gergen
Author: Lon L. Fuller,Melvin Aron Eisenberg,Mark P. Gergen
Publisher: West Academic Publishing
The Concise Edition is a stream-lined version for a four unit course. It omits note materials and cases and a few principal cases that are included in the longer version to under-score or elaborate upon the key principles in each unit. The Ninth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases, including extensive coverage of pertinent materials in the new restatement of restitution and up to date materials on "rolling contracts."
David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher
Author: David Getches,Charles Wilkinson,Kristen Carpenter,Robert Williams,Matthew Fletcher
Publisher: West Academic Publishing
This federal Indian law casebook has an unprecedented focus on Native Nation-building, including cutting-edge materials on tribal economies and tribal justice systems unavailable elsewhere. The Seventh Edition retains classic material on the history of federal Indian law and policy, including the medieval origins of the "Doctrine of Discovery," and the shifting eras of Indian law leading to the current Nation-building era. The book covers the federal tribal relationship; tribal sovereignty and jurisdiction; Indian religion and culture; water rights; treaty rights; rights of Alaska natives and native Hawaiians; and international legal perspectives.
Symeon Symeonides,Wendy Collins Perdue,Arthur Taylor Von Mehren
American, Comparative, International : Cases and Materials
Author: Symeon Symeonides,Wendy Collins Perdue,Arthur Taylor Von Mehren
Publisher: West Academic
Throughout the book, there is extensive information about the law and practice of other mostly civil-law countries that provides an opportunity for instructive comparative discussion. One chapter is devoted to international conflict, and another chapter is focused on conflict in cyberspace.
The text, problems and cases address issues of concern not only to litigators but also to transactional lawyers who structure transactions to allocate duties and risks in order to avoid litigation. The materials provide explanations for students unfamiliar with either international sales transactions or domestic sales law. Teachers using the book themselves need not be specialists. The authors have maintained most of the Problem exercises from the first edition, but have added the leading cases of the past decade to enrich the fabric of the current law. The Teacher's Manual suggests ways the materials may be taught and supplemented.
This case book is a tightly organized, manageable volume with emphasis on engaging, well-edited cases, useful notes, and crisp textual analysis. An introductory chapter, which now contains the Kelo case, examines property law's scope and position in the U.S. legal system. The next chapter on landlord-tenant law is accessible for first year law students, providing a challenging forum for discussion of the interplay among the common law of property, statutes, and contractual undertakings. Subsequent chapters deal with personal property, the variety of interests in real property, real estate transactions, attributes of landownership, and how municipal/state government controls private land use.
Ralph G. Steinhardt,Paul L. Hoffman,Christopher N. Camponovo
Author: Ralph G. Steinhardt,Paul L. Hoffman,Christopher N. Camponovo
Publisher: West Academic Publishing
This collection of human rights documents is for use with the main casebook. It also serves as a convenient library of primary documents for advocates in the field. Reflecting the authors' broad understanding of what qualifies as a "human rights document," it includes instruments dealing with the law of war, international labor law, the law governing treaties and consular affairs, refugee and immigration law, international criminal law, non-governmental organizations, and professional ethics. It also includes relevant statutes and executive branch materials.
An up-to-date collection of important source materials, International Law: Selected Documents works as well with the author's own casebook, International Law, Fifth Edition, (with co-authors Phillip R. Trimble and Allen S. Weiner), as with any other primary text for this course. In one convenient place, the 2009-2010 Edition features: President Obama's 2009 Executive Orders on Interrogation and Guantanamo Significant documents that pertain to the conflicts in Afghanistan and Iraq The latest U.N. documents regarding Sudan, Iran, and North Korea Relevant U.S. laws, including the 2008 amendments to the Foreign Sovereign Immunities Act Major treaties and conventions, including highlights of the European Union's Lisbon Treaty The latest lists of parties to agreements Important U.N. resolutions Informative Web sites
Jack H. Friedenthal,Arthur Raphael Miller,John Edward Sexton,Helen Hershkoff
Author: Jack H. Friedenthal,Arthur Raphael Miller,John Edward Sexton,Helen Hershkoff
Publisher: West Academic Publishing
The Eleventh Edition of this popular casebook provides a framework for studying both the essential and the cutting-edge issues of civil procedure while incorporating problems that test doctrinal understanding, foster case reading skills, and encourage a sense of litigation strategy. New Supreme Court cases have been integrated that impact personal jurisdiction (McIntyre, Goodyear), subject-matter jurisdiction (Grable, Gunn), pleading (Twombly, Iqbal), joinder (Pimentel), class actions (Dukes), and other important topics, including statutory changes such as the Jurisdiction Clarification Act. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, the pleadings in Twombly and Iqbal, a model case file, state materials, and other important teaching tools.
International Law: Evolving Doctrine and Practice offers a flexible arrangement of materials for the teaching of an introductory course in international law. The inspiration for the book's editorial approach is the recognition that each professor comes to the study of international law from a variety of normative, critical, or interdisciplinary perspectives, and that the materials should be flexible enough to accommodate all comers. With this goal of pedagogical ecumenism in mind, the chapters present a variety of critical approaches to international law without letting one particular view dominate, though taken together the materials highlight the evolving nature of international legal doctrine and those areas where its legal norms remain contested or controversial. Sprinkled through each chapter are short Problem Cases--less than a page in length--that give students the opportunity to apply the doctrine to a unique fact pattern. The Problem Cases are presented in modular text boxes that can form the basis for rich classroom discussions or simply reserved for background reading at home, whichever the professor wishes. In addition to the typical array of chapters on sources and subjects of international law, human rights, International Humanitarian Law, International Criminal Law, the use of force, and humanitarian intervention, the book also includes chapters on international economic law and environmental law, including a consideration of the challenge posed by climate change.