Thu, Aug 27

POL 309-800, International Law
SUNY Oswego | Fall 2020
Dr. Craig Warkentin

Goals

  • Understand how to navigate a casebook
  • Understand how to read a case excerpt
  • Define, describe, and explain what CIL is
  • Explain how IL and national law are related
  • comity (8)
  • custom (5)
  • opinio juris (5)
  • remand (24)
  • civil law
  • common law

Questions

P. 11

  1. What was the custom that the Court found applicable in the Paquete Habana case?
  2. What persuaded the Court that the practice was indeed a binding international custom?
  3. Why are United States courts obliged to follow international custom?
  4. Would the Court have followed the custom if Congress had passed a law indicating that no vessels were exempt from capture as prize of war?
  5. If indeed there is an international custom, are states completely free to pass contrary legislation?
  6. If states are free to pass legislation contrary to an international custom, won't that mean that custom will only exist if national legislatures either approve (overtly or tacitly) of the custom or if they fail to enact contrary legislation?
  7. Are there any international customary laws from which states are not free to derogate?

P. 24

  1. Exactly what was the binding international custom found by the court in the Abdullahi case?
  2. What sources did the majority rely on to find a customary international law binding in the U.S.?
  3. Why did the dissenting judge disagree?

Insight

  1. Summary - Briefly summarize this Insight and highlight the key points.
  2. Connection - Connect the Insight to today's assigned textbook reading.
  3. Importance - Explain what's most important about this Insight, and why.

Resources