LAWS 4431 Foreign Relations of the U.S.

This course addresses the conduct of foreign relations by the United States with specific reference to domestic legal constraints, such as statutes and the Constitution. The course treats (1) the separation of powers between the Congress and the Executive in foreign affairs, specifically with respect to the war power; (2) the treaty power and the domestic law of treaties and other international agreements; and (3) the role of the judiciary, including the immunity of foreign states ("sovereign immunity"), the "act of state" doctrine, jurisdiction to prescribe and enforce law outside the borders of the United States, and international aw in U.S. courts. The course has a particular emphasis on post-9/11 developments in the law as a result of the war on terror. There are no prerequisites and minimal overlap in subject matter with International Law, together with which this course may, but need not necessarily, be taken to form a year-long sequence.