... • Protections of US property
– Foreign Assistance Act of 1962 – Hickenlooper
• President can punish nations that expropriate private US
• Actual expropriation
• Effective expropriation
... Can a plaintiff get a US court to issue an order
enforcing these agreements, absent any
authorization in the form of a statute, i.e., if they
have not been executed by Congress?
There may very effect international enforcement
and still no domestic enforcement
... CLASS 4: February 14, 2014: International Law and the United States.
Treaties and U.S. Law (incorporation, implementing legislation, executive
agreements, finding aids and official documents)
Customary law research (records of diplomatic correspondence, digests and news)
and general principle ...
Introduction to International Legal Research
... What are the sources of international law?
• The sources are set forth in Article 38 of the
Statute of the International Court of Justice
(annex to UN Charter)
• Note: ICJ also may decide “according to what
is equitable and good” (ex aequo et bono).
See: How the Court Works
THE TRIBUNAL ON THE LAW OF THE SEA EST ABLISHED
... world, 21 judges, required to have the highest reputation for fairness and integrity and
recognized competence in the field of the law of the sea, were elected for three, six, or
nine year terms in New York on August 1, 1996. At the inauguration ceremony in
Hamburg, the elected judges solemnly decla ...
DOC - Allahabad High Court
... there is of the one, the less there will be of the other. The right of personal freedom of speech and of public
meetings, the liberty of the press, freedom from arbitrary arrest and the right to enjoy one's own property are all
a direct corollary to the application of the Rule of Law. He observes th ...
Principal of Sovereignty
... same issues are being tried in a court in another
In addition, courts in this country agree to recognize and
enforce the valid legal contracts and court orders of other
for example, the United States will not enforce foreign
judgments (such as defamation judgments) that ...
Global Governance: Relevant actors and coalitions on the global level
... blocs (ie. Group of 77); decrease since Cold War
Secretariat: few formal powers equate to soft power
and 'neutrality' (although this is compromised as
secretary-general becomes more powerful)
ECOSOC: problems w/ huge increase in economic
and social issues needing to be addressed; structure
National criminal jurisdiction
... The State can do what it wants within its
own borders or: The State is not subject
to the authority of others
Equality of States:
States cannot infringe on the sovereignty
of other states and they must agree on
how to relate to each other and how to
Restatement (Third) of Foreign Relations Law of
... international system;
(g) the extent to which another state may have an interest in regulating the
(h) the likelihood of conflict with regulation by another state.
(3) When it would not be unreasonable for each of two states to exercise
jurisdiction over a person or activity, but the p ...
Admiralty law or maritime law is a distinct body of law that governs maritime questions and offenses. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between private entities that operate vessels on the oceans. It deals with matters including marine commerce, marine navigation, marine salvaging, shipping, sailors, and the transportation of passengers and goods by sea. Admiralty law also covers many commercial activities, although land based or occurring wholly on land, that are maritime in character.Admiralty law is distinguished from the Law of the Sea, which is a body of public international law dealing with navigational rights, mineral rights, jurisdiction over coastal waters and international law governing relationships between nations.Although each legal jurisdiction usually has its own enacted legislation governing maritime matters, admiralty law is characterized by a significant amount of international law developed in recent decades, including numerous multilateral treaties.