eighteenth century, the foundational principle of the law of nations was
But the law of nations had another, inward-looking, face.
From an internal perspective, however, the law of nations, under
Three arguments make clear the promissory and fiduciary nature of this new Law of Nations. First, since many hundreds of thousands of soldiers were going to die to fulfill these solemn promises and pledges, these government declarations can't simply be characterized as mere propaganda on the one hand, or simple contractual statements between the living on the other.
Third, the best way to characterize this new fiduciary legal order that resulted from the Allied victory in that war is to describe it in terms of the ancient Roman and Byzantine idea of Jus Gentium defined as the "Law of Nations ...
In the Law of nations, the ultimate legitimacy of international law are the peoples as the imperium et imperia, or the "sovereign within the sovereign" of the now legally constrained state and government.
(110) In other words, as a conduct-regulating statute, the ATCA, refers to the law of nations and incorporates law of nations norms as to liability, it may be argued that the only relevant question for ATCA claims is whether such claims "was whether the conduct-regulating rule of decision in ATS suits--however it is conceptualized--accurately reflects extant rules of international law, including as to the scope of liability." (111) Thus, when it comes to the existence of corporate liability under the ATCA, the only relevant inquiry is whether existing international law norms authorize such liability.
(118) Instead, in Kiobel, the Supreme Court seemed to distinguish between conduct-regulating norms, which for an ATCA claim are found in the law of nations, and causes of action and remedies, which are to be determined by the law of the forum.
In Jesner, the law of nations violation of terrorism took place in Israel, West Bank, or Gaza.
reasons why the power to define offenses against the law of nations
because most "offenses against the law of nations" were
against the law of nations would allow Congress to do the same thing.