472law2.doc					October 26, 1996

Law of Nations as Incorporated into United States Law

Franck and Glennon, chapter 2 Two

Paquette Habana Case: International law is a part of our law. But it can
be disregarded by treaty, executive order, or judicial decision.  See
Article 1, Section 8, Clause 10 of the Constitution.

United States courts have incorporated international law sparingly.

Treaties are the supreme law of the land, as declared by the Sixth article
of the Constitution.  

Courts have tended to apply the law of nations in five subject-areas: the
protection of human rights, the protection of diplomats, the punishment of
piracy and terrorism, the punishment of war-related crimes and the
settlement of claims arising out of the seizure o alien property without
adequate compensation.

United States v. Crews (1985): Any country may apply its body of law to
its citizens anywhere in the world.  But what about applicability of U.S.
law for non-U.S. citizens in other countries?  The Helms-Burton Act seeks
to apply U.S. law to this group of people.

The United States does not have jurisdiction to enforce its laws, i.e., to
take measures directed toward compliance, on another nations sovereign
territory, absent consent by the other nation.  

Chapter 2, Section 2 International Law in Conflict with United States
Statute

When a treaty conflicts with a statutory law, the last in time doctrine
resolves the conflict.

Littlejohn v. United States, 1926: when Congress adopts a statute contrary
to a treaty, the courts must accept the latest act of Congress.