Customary International Law

Latest in Customary International Law


Eric Talbot Jensen on Presidential Pronouncements of Customary International Law

BYU law professor Eric Talbot Jensen has a new article posted to SSRN (appearing in Brigham Young University Law Review) titled, "Presidential Pronouncements of Customary International Law as an Alternative to the Senate's Advice and Consent." Very interesting and well worth reading. Abstract (31 pp. pdf):

International Law

How Do American Courts (and Scholars) Ascertain Customary International Law?

In U.S. federal courts, questions about the existence and contours of customary international law (CIL) arise in a variety of cases, both civil and criminal. These have generated a number of interesting debates, including, most prominently, one about the status of CIL in the United States: some contend that custom is self-executing federal common law, while others argue that it’s part of federal law only where Congress has chosen to codify it in a statute, or only where necessary to implement the separation of powers.

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