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Reprint of the original, first published in 1883.
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
A selective list of documentary historical publications of the United States Government, p. 98-106.
This fourth volume in the ten-volume series covers the career of Henry Clay during his first year as Secretary of State in the cabinet of President John Quincy Adams. Within a month after taking office, Henry Clay described the Department of State as "no bed of roses." Even though routine papers bearing his signature have been omitted by the editors, the 950 pages of documents included in this volume show that many duties filled Clay's days and nights. The evidence in autograph drafts and the meagerness of revision in the official documents indicate the need for major reconsideration of Clay's role in United States foreign relations during the presidency of John Quincy Adams. The range of issues emerging in these papers is broad, and the duties were obviously more than the limited staff of the Department of State could satisfactorily perform. But if, as a result, the United States suffered a major diplomatic defeat during the British revision of trade regulations, Clay's instructions to the Panama mission marked him as a statesman of world stature. Publication of this book was assisted by a grant from the National Historical Publications and Records Commission.