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INT-LAW  August 2006, Week 4

INT-LAW August 2006, Week 4

Subject:

Re: INT - LAW Query: International Law - US Perspective

From:

Devashish Krishan <[log in to unmask]>

Reply-To:

International Law Librarians List (Int-Law)

Date:

Thu, 24 Aug 2006 17:01:36 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (60 lines)

Please forgive me if you know this, but the Restatement (Third) on
Foreign Relations Law of the United States could be the first port of
call for the international and domestic US position.  Part I might be
of particular assistance to your query.  The Restatement is available
on Westlaw (REST-FOREL).

For other primary sources, one might also consider White's dissent in
Sabbatino, 1964 US Supreme Court.  And the US Supreme Court holding in
the Writ Petition instituted by Paraguay in April 1998 seeking to
enforce an interim order of the International Court of Justice to stay
the execution of the late Mr. Breard by Virginia.  By a 6:3 majority,
this court found that there was no "law" that compelled the
enforcement of the ICJ order and said: ""If the Governor [i.e. the
Governor of the State of Virginia] wishes to wait for the decision of
the ICJ that is his prerogative. But nothing in our existing case law
allows us to make that choice for him."

Additional commentary -- an interesting article in 1999 vol. 37
Columbia Journal of Transnational Law p. 507 which discusses whether
customary law supersedes a federal statute.

Hope this helps.

Regards,
Devashish Krishan


On 8/24/06, Michael Berger <[log in to unmask]> wrote:
> I am searching for a scholarly work that explains the standing of international law in the US legal system and its relation to the US - Constitution. The book should cover treaties  and customary international law and should offer an overview of the historical development of the relationship International Law - US Legal System.
>
> I am interested in determining which human rights violations fall under the scope of the Alien Tort Statute. The Alien Tort Statute (1789) (Alien Tort Claims Act) speaks of "...violation of the law of nations or a treaty of the United States."
>
> Basically, the hopefully existing book I search should provide answers to questions such as:
>
> What meaning have the terms "customary international law", "international law", "law of nations", in the US - legal system and for an american lawyer?  What was the historical meaning of the term "law of nations" at the time when the Alien Tort Statute was passed?
>
>
> Thank you,
>
>
> Michael Berger
> Salzburg - Austria
> --
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> [log in to unmask]: Use this address for postings and replies - Email text body 'SIGNOFF int-law' to: [log in to unmask]
> **DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.
>

[log in to unmask]: Use this address for postings and replies - Email text body 'SIGNOFF int-law' to: [log in to unmask]
**DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.

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