Law Commons^™

The Status Of The Law Of Nations In Early American Law, Stewart Jay

Vanderbilt Law Review

A perennial issue is the relationship of international law to the domestic law of the United States. The question appears in various con-texts, but in each the central problem is determining whether the body of customary international law is binding on the national and state governments. Discussions about this subject inevitably lead to consideration of separation of powers at the national level. If the United States may depart from international law, which branch of government has the power to do so? If one branch transgresses international law, is this action binding on the others?' For example, a recent case examined …