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Customary law
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More than 10.000 documents for Customary law
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Rose addresses Rwandan women's problems in gaining access to land for residential and agricultural purposes following the war of 1990-1994. Accounts detailing women's rights to land under customary land law and the pending land legislation are also presented.
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The United States can conceivably avoid such treaty obligations, but most of customary international law's humanitarian protections are jus cogens, that is, states cannot lawfully derogate from them. Many scholars have discussed the binding authority of customary international law, but there has yet to be a thorough exegesis of the anti-torture norm in the specific context of War on Terror detainees. The American Civil Liberties Union ("ACLU") has filed a lawsuit against US Secretary of Defense Donald H. Rumsfeld on behalf of detainees who were allegedly held and abused in Afghanistan and Iraq.9 The four Afghanistan detainees-Mehboob Ahmad, Said Nabi Siddiqi, Mohammed Karim Shirullah, and Haji Abdul Rahman-assert claims of torture that are brutal in their honesty and shocking in the...
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Curran examines the controversy, which arises from a domestic tribunal's determination of customary international law, and the application and management of private rights arising out of that law. He argues that a narrow approach to identifying customary norms of international law ignores the legal significance of treaty negotiation. Because a number of countries traditionally adopt universalist stances during the negotiation of international human rights treaties, domestic tribunals in those nations should look to executive branch pronouncements as indicators of international law norms available for enforcement in domestic tribunals.
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In Jun 2004, the US Supreme Court decided Sosa v. Alvarez-Machain, a case initiated by a Mexican national in a federal district court, partly based on claims allegedly arising under the Alien Tort Statute of 1789 (ATS). The complaints, based on the ATS's jurisdiction language, forced the Court to decide whether customary international law (CIL) could provide the basis for a private action brought by an alien under the ATS. Customary international law stems from the generally accepted practices of countries in the international context -- as recognized by judges. The case was decided -- Alvarez lost. He had alleged that CIL forbade his arbitrary detention. Although the Court finally rejected Alvarez's CIL-based claim, it did so only after adopting an unstable method of analysis -- a meth...
