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International Law in the U.S. Legal System$
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Curtis A. Bradley

Print publication date: 2015

Print ISBN-13: 9780190217761

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780190217761.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

Courts and Foreign Affairs

Courts and Foreign Affairs

(p.1) 1 Courts and Foreign Affairs
International Law in the U.S. Legal System

Curtis A. Bradley

Oxford University Press

This chapter provides an overview of some of the constitutional, statutory, and common law doctrines that govern the adjudication of foreign affairs–related disputes in the United States. These doctrines include requirements for federal court jurisdiction, “justiciability” limitations such as the political question doctrine, the Erie doctrine concerning federal court application of state law, and the common law “act of state” doctrine. The chapter also discusses more general interpretive principles such as the Charming Betsy canon of construction and deference to the executive branch. The chapter concludes by briefly describing the constitutional authority of U.S. government institutions other than the courts, including the situations in which state law that concerns foreign affairs will be preempted.

Keywords:   federal court jurisdiction, political question doctrine, Erie doctrine, act of state doctrine, Charming Betsy canon, deference to the executive, preemption

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