Palombo, Dalia (2014) The law of nations in the United States constitution after the cases Sosa v. Alvarez and Kiobel v. Royal Dutch Petroleum Co. Cuadernos de Derecho Transnacional, 6 (1). pp. 453-471. ISSN 1989-4570
Full text not available from this repository.Abstract
American scholars discuss the meaning of the Law of Nations in the United States Constitution. On the one side, the Modern view interprets the Law of Nations as customary international law. On the other side, the Traditional view considers the Law of Nations as a dead concept that only Congress can bring back to life through its legislation. The case Sosa v. Alvarez defined the Law of Nations in the Alien Tort Statute as customs sufficiently precise to be recognized as law among civilized nations. The recent case Kiobel et al. v. Royal Dutch Petroleum Co. et al. confirmed the Sosa v. Alvarez’s definition of the Law of Nations, but rebutted some extraterritorial application of the Alien Tort Statute.The purpose of this paper is to reconsider the meaning of the Law of Nations in the United States Constitution after Sosa v. Alvarez and Kiobel et al. v. Royal Dutch Petroleum Co. et al. This paper argues that American courts should extend the Sosa v. Alvarez’s definition of the Law of Nations to the United States constitutional context.
| Item Type: | Article |
|---|---|
| Official URL: | https://dialnet.unirioja.es/servlet/revista?codigo... |
| Additional Information: | © 2014 The Authors |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 17 Oct 2017 08:57 |
| Last Modified: | 14 Sep 2024 06:41 |
| URI: | http://eprints.lse.ac.uk/id/eprint/84767 |
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