Sabbatino, Sosa, and Supernorms
Kenneth C. Randall
University of Alabama - School of Law
Chimène I. Keitner
University of California Hastings College of the Law
Looking to the Future: Essays on International Law (Mahnoush H. Arsanjani, et al., ed. 2011)
U of Alabama Legal Studies Research Paper No. 2175667
The U.S. Supreme Court’s foundational decisions in Banco Nacional de Cuba v. Sabbatino and, forty years later, Sosa v. Alvarez-Machain demonstrate the Court’s application of a consistent, overarching principle of restraint: a U.S. court should adjudicate only claims involving what we call “supernorms.” In short, a supernorm is an international legal prohibition that has become so crystallized and entrenched as to be effectively unquestionable and inviolable either by sovereign entities or by individuals, particularly those acting under color of state authority.
Number of Pages in PDF File: 11
Keywords: international law, supernormsAccepted Paper Series
Date posted: November 15, 2012
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