Law Commons^™

Jonathan I. Charney--Mourning And Celebration, Louis Henkin

Vanderbilt Journal of Transnational Law

Here, today, I wish to speak with you about Jon Charney, his good life, and his remarkable achievements. On this occasion I am pleased to add that I knew Jon Charney "professionally" before he began on the road to eminence. I was "present at the creation," as Jon Charney took his first steps toward becoming a world authority on the international Law of the Sea, and an eminent, prominent, lawyer and scholar in international law generally.

Jonny was still a law student when he spent a summer as my research assistant, when both of us learned that there was an …

American Judges And International Law, A. M. Weisburd

Vanderbilt Journal of Transnational Law

This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …