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Full-Text Articles in Law
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks
ILSA Journal of International & Comparative Law
International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.
Congressional Support For Customary International Human Rights As Federal Common Law: Lessons Of The Torture Victim Protection Act, Ryan Goodman
ILSA Journal of International & Comparative Law
Transnational human rights litigation has succeeded at a steady pace since the Second Circuit's 1980 decision, Filartiga v. Pena-Irala.' In Filartiga, the court construed an eighteenth century statute - the Alien Tort Claims Act (ATCA) - as granting both a cause of action and jurisdiction to two Paraguayan citizens