Like several of the judges on the left branch of the court, Judge Sotomayor has said she favors a broader consideration of foreign and international law in U.S. judicial opinions.
Late Monday, Italy said that an order of the Supreme Court of India that prevents the Italian ambassador in New Delhi from leaving the country is a breach of international law.
Alvarez-Machaina, the court said the claims must involve specific violations of international law on a par with piracy and attacks on ambassadors.
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It has to be more than basic differences in court rules, said Ralf Michaels, a professor of international law at Duke University School of Law.
" Toward this end, Koh believes that, in several circumstances, it is "appropriate for the Supreme Court to construe our Constitution in light of foreign and international law.
The court explained that because corporate liability is not a discernible norm of customary international law, courts should not interpret the ATS as having authorized suits against corporations.
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The court explained that because corporate liability is not a discernible norm of customary international law, the ATS should not be interpreted as having authorized suits against corporations.
No judicial decision or applicable treaty contradicts this principle, and the U.S. Supreme Court has established that works of international legal scholars can be acceptable as evidence of the law.
Reiterating his position that peaceful solutions must be found for disputes in regard to international law, he said his delegation therefore awaited the advisory opinion of the International Court of Justice with great interest.
Far from a panacea, the court is better seen as an essential building-block in the slowly growing edifice of international law.
In 1980, the United States Court of Appeals for the Second Circuit, in New York, decided that state torture violated international law, and that America had jurisdiction over a torturer hiding in the United States.
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