Customary International Law and Human Rights Treaties are Law of the United States

36 Pages Posted: 11 Dec 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 1999

Abstract

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

Suggested Citation

Paust, Jordan J., Customary International Law and Human Rights Treaties are Law of the United States (1999). 20 Michigan Journal of International Law 301 (1999), U of Houston Law Center No. 2014-A-82, Available at SSRN: https://ssrn.com/abstract=2535969

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
100
Abstract Views
848
rank
289,097
PlumX Metrics