Never in the nation's history has the scope and meaning of Congress's power to "define and punish . . . Offences against the Law of Nations" mattered as much. The once-obscure power has in recent years been exercised in broad and controversial ways, ranging from the Alien Tort Statute (ATS) to military commission trials in Guantanamo Bay. Yet it has not yet been recognized that these issues both involve the Offenses Clause and indeed raise common constitutional questions. First, can Congress "define" offenses that clearly already exist in international law, or does it have discretion to codify debatable or even nonexistent international law norms? Second, what happens to this discretion when it delegates the power to a coordinate branch? This Article shows that the Offenses Clause allow...
Customary international law is the unwritten "law" of the international community that results from a general and consistent practice of states followed by them from a sense of legal obligation. Today's customary international law is the closest modern analogue of the eighteenth-century "law of nations." This article will use the term "customary international law" when discussing the present and recent past and the term "law of nations" when discussing the eighteenth-century Founding era. The central claim of this article is that the individual conception of the Law of Nations Clause is correct as far as it goes, but it is not the whole story. While the Clause was certainly intended to allow Congress to regulate domestically the conduct of individuals, and while Congress, the Supreme Co...
Noncitizens should be allowed to sue international corporations that do business in the United States for human rights abuses abroad. The U.S. Supreme Court heard arguments on Monday in the important international human rights case of Kiobel v. Royal Dutch Petroleum. The case was brought by Nigerian citizens who allege that, from 1992 to 1995, multinational oil companies working in Nigeria aided the military dictatorship that tortured and killed protesters who fought the environmental damage caused by the oil operations.
Treaties concerning international law concluded under the auspices of the United Nations and related intergovernmental organizations 285 Treaties concerning international law concluded under the auspices of intergovernmental organizations related to the United Nations International Civil Aviation Organization (a) Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft. Montréal, 2 May 2009 (b) Convention on Compensation for Damage Caused by Aircraft to Third Parties. Montréal, 2 May 2009 Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing. Rome, 22 November 2009 314
Treaties concerning international law concluded under the auspices of the United Nations Agreement on International Railways in the Arab Mashreq. Done at Beirut, 14 April 2003 309 Protocol on strategic environmental assessment to the Convention on Environmental Impact Assessment in a Transboundary Context. Done at Kiev, 21 May 2003 319 Protocol on Pollutant Release and Transfer Registers. Done at Kiev, 21 May 2003 335 Protocol on Civil Liability and Compensation for Damage Caused by the Transboundary Effects of Industrial Accidents on Transboundary Waters to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes and to the 1992 Convention on the Transboundary Effects of Industrial Accidents. Done at Kiev, 21 May 2003 363 ..
This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic law and process reflect important dimensions of international law and practice. At the same time, human rights advocates an...
As the junior senator from Illinois, Barack Obama co-sponsored a bill to restrict the U.S. government's military support of countries that use children as soldiers. But President Obama has waived those very same sanctions in the name of "national interest," bypassing the findings of a State Department report and allowing millions of dollars in military aid to flow to countries where children as young as 11 have been conscripted to fight - many of whom have died in one bloody conflict after another. Mr. Obama's actions have inflamed an army of critics, who say the waivers have put at-risk children in even greater danger.
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