Customary International Law and Human Rights Treaties are Law of the United States
36 Pages Posted: 11 Dec 2014
Date Written: 1999
This article addresses why customary international law has been both directly and indirectly part of the law of the United States and supreme law under the Supremacy Clause since the Founding. Overwhelming patterns of judicial decision affirm such roles of customary law. The article also demonstrates why several claims of radical revisionists (especially those of Professors Bradley and Goldsmith) are a historical and in manifest error, especially concerning customary international law and human rights treaties that are law of the United States.
Keywords: Article III, Article VI, Charming Betsy, customary international, Constitution, federal clause, federal court, Founders, Framers, human right, ICCPR, international law, judicial power, law of nations, law of the U.S., Paquete Habana, President, right, self-executing, state court, supremacy, treaty
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