International Law Outline

Canadian Supreme Court Justice L’Heureux-Dube (326)

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Canadian Supreme Court Justice L’Heureux-Dube (326) idea of judicial dialogue

  1. This is something judges are DOING.

  2. European courts by definition bound up in dialogue –ECJ, ECHR

  • Issues like int’l human rights are of international, COMMON concern

  • Counterarguments to using int’l law?

    1. Cultural relativism?

      1. Scalia – it’s respect for different cultures that lets you recognize that they create different legal SYSTEMS

    2. it’s issues like human rights where we MOST have to protective, we have different rules

      1. juvenile DP, abortion

      2. US has VERY different take on criminal justice

      3. Free speech laws – we value much more.

  • House Resolution – tries to FORBID consideration of international “judgments, laws, or pronouncements.”

  • Bringing International Human Rights Claims in Domestic Courts

    1. Many countries – “universal jurisdiction”

      1. For crimes like torture or war crimes – ICC

        1. Straightforward way of getting at these guys, so don’t need alien tort

      2. US unsure how it feels about UJ – have not ratified ICC

        1. But, have terrible stories

          1. Paraguayan torturer, then PLO torturing innocent Israeli civilians.

        2. Respond with 1991 Torture Victim Protection Act (TVPA)

          1. An individual of any nation who tortures or kills extrajudically under color of law is liable to that individual/their legal representative.

        3. NOW, moving from individual offenders to CORPORATIONS for COMPLICITY with foreign government

    2. Alien Tort Statute – 28 USC § 1350.

      1. Directory: sites -> default -> files -> upload documents
        upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
        upload documents -> Federalism – The Structure of Government
        upload documents -> General Info About Property law
        upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
        upload documents -> Property with Professor Vicki Been
        upload documents -> Property Outline – Professor Upham, Spring 2000
        upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
        upload documents -> Complex federal investigations
        upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
        upload documents -> Pricing v. Sanctions

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