assumed that the phrase "the Law of Nations
," as used in the
It had integrated that broad law of nations
by granting authority to make treaties and alliances without introducing significant subject matter constraints, save for the limits on commercial treaties.
the law of nations
," which includes both substantive and
61) As the law of nations
evolved, so to would the definition of crimes or torts.
Kiobel's contribution to our understanding of the Alien Tort Statute is its answer to the question of "[w]hether and under what circumstances the [ATS] allows courts to recognize a cause of action for violations of the law of nations
occurring within the territory of a sovereign other than the United States.
In addition to explicitly mentioning the efficacy of the law of nations
in these matters, this passage reinforces the legal argument that injury could only be done (and that redress was lawful according to the law of nations
) if the land was at that time physically, rather than mentally, possessed, despite any prior claims of possession.
Accordingly, to the extent that the founding generation believed that customary international law was the law of the United States, they held this belief because of extra constitutional commitments to the law of nations
and natural law.
Thus, the large section in the Digest under the title, On Justice and Law and in the Institutes, On the Natural Law, the Law of Nations
, and Civil Law.
333) The Court also looked to other articles of the Fourth Hague Convention as establishing the law of nations
with respect to protection of civilians in occupied territory, and to the Fourth and Tenth Hague Conventions and the Geneva Red Cross Convention of 1929 for a commander's responsibility for violations by his forces.
If international law is part of our domestic law, then asking judges to decide whether an act of torture allegedly conducted under the at least apparent authority of a state (or an extrajudicial killing, or complicity with the apartheid regime of South Africa) is or is not consistent with the law of nations
, is a classic invocation of "the province and duty of the judicial department," as defined by Chief Justice John Marshall in Marbury v.
In this instance, there is ample evidence to suggest that the Founding generation, especially its Federalist leadership, held the law of nations
in sufficient regard as to create a presumption that the Constitution should be interpreted consistent with international law where possible.
violation of the law of nations
, the FRCP 12(b)(l) and FRCP 12(b)(6)