Treaties as "Part of Our Law"

Young, Ernest A., Texas Law Review

Justice Gray famously wrote in The Paquete Habana1 that "[iInternational law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination."2 The succeeding century has seen a great deal of sparring among courts and commentators as to what, exactly, that memorable phrase means for the status of international law within the domestic legal system. The Paquete Habana itself concerned customary international law, and scholars continue to debate whether that law amounts to supreme federal law.3 More recently, controversy has shifted to the domestic …

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Publication information: Article title: Treaties as "Part of Our Law". Contributors: Young, Ernest A. - Author. Journal title: Texas Law Review. Volume: 88. Issue: 1 Publication date: November 2009. Page number: 91+. © University of Texas, Austin, School of Law Publications, Inc. Dec 2008. Provided by ProQuest LLC. All Rights Reserved.

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