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Series

2007

International Law

Customary international law

Articles 1 - 3 of 3

Full-Text Articles in Law

Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young Jan 2007

Federal Suits And General Laws: A Comment On Judge Fletcher's Reading Of Sosa V. Alvarez-Marchain, Ernest A. Young

Faculty Scholarship

No abstract provided.


The Individual And Customary International Law Formation, Christiana Ochoa Jan 2007

The Individual And Customary International Law Formation, Christiana Ochoa

Articles by Maurer Faculty

A state monopoly on customary international law formation was once required and acceptable, given the status states enjoyed as the sole subjects of international law. Since the drafting of the most commonly cited doctrinal sources of customary international law, legal personhood has been extended to individuals. During this same time period, individuals have come to participate in treaty-making in some key areas of international law, including human rights. The customary international law of human rights, no less than treaty law, has direct effects on individuals. It sees them as the subjects protected by those provisions that have attained the status …


Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent Jan 2007

Congress’S Under-Appreciated Power To Define And Punish Offenses Against The Law Of Nations, Andrew Kent

Faculty Scholarship

Perhaps no Article I power of Congress is less understood than the power to define and punish . . . Offences against the Law of Nations. There are few scholarly works about the Clause; Congress, the Supreme Court, and the Executive Branch have seldom interpreted the Clause, and even then they have done so in a cursory and contradictory manner. Relying on textual analysis and Founding-era history and political theory to read the Clause in a different mannner than previous commentators, this Article seeks to rescue the Clause from obscurity and thereby enrich current foreign affairs debates. Not only is …