The Application of International Law in State Courts: The Case of Florida
27 Pages Posted: 7 Mar 2017 Last revised: 11 Jul 2018
Date Written: March 6, 2017
Abstract
Despite the United States Supreme Court’s pronouncement on the role of international law in U.S. courts over a century ago in the case of The Paquette Habana, courts and judges throughout the United States have largely been reticent to apply international law equally alongside domestic law to decide cases and controversies. Even with this reticence, cases involving interpretation and application of international law continue to be heard in courtrooms throughout the country.
This Article intends to contribute to the vast international law literature by discussing the cases involving international law which have appeared in Florida courtrooms. With its international prominence, Florida provides a great case study on the issues which a state domestic court may face involving international law. Florida’s example includes issues as varied as foreign sovereign immunity, the act of state doctrine, the principle of comity, the Warsaw Convention and Montreal Convention, the Geneva Convention on the High Seas, the Hague Convention on the Civil Aspects of International Child Abduction, the Vienna Convention on Consular Relations, the Hague Service Convention, and the International Covenant on Civil and Political Rights. With today’s global, interconnected world, with international commerce becoming commonplace, cases involving interpretation and application of international law will continue to be heard in Florida and other states in the future.
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