Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The “Unsatisfactory Condition” of Customary International Law in the United States

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter reviews the contemporary debate over the proper status of Customary International Law (CIL) in the U.S. legal system. Scholars and judges today disagree sharply over whether CIL is part of federal or state law, its relationship with federal statutory law, and its impact on the duties and powers of the U.S. President. Courts in the United States have a long history of using CIL as a rule of decision, although such cases were neither frequent nor significant. The text of the U.S. Constitution provides little guidance for determining the domestic status of CIL. Both federal and state courts in the United States have long applied CIL as a rule of decision in certain cases involving questions such as diplomatic immunity and the law of war. Leading judicial decisions applying CIL similarly looked to the common law as the basis for applying CIL rules.

Keywords: contemporary debate; Customary International Law (CIL); diplomatic immunity; federal statutory law



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Progress in International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation