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2 Mar 2016, 6:30 am by Dan Ernst
Supreme Court decisions — The Charming Betsy (1804) and The Paquete Habana (1900). [read post]
8 Jan 2018, 11:35 pm
Contents include: Eirik Bjorge & Cameron Miles, Introduction William S Dodge, The Charming Betsy and The Paquete Habana (1804 and 1900) Michael Waibel, Mavrommatis Palestine Concessions (Greece v Great Britain) (1924–27) Chester Brown, Factory at Chorzów (Germany v Poland) (1927–28) Douglas Guilfoyle, SS Lotus (France v Turkey) (1927) Eirik Bjorge, Island of Palmas (Netherlands v United States of America) (1928) Rolf Einar Fife, Legal Status of… [read post]
11 Jan 2018, 8:00 am by Dan Ernst
The Charming Betsy and The Paquete Habana (1804 and 1900)William S Dodge3. [read post]
19 Feb 2009, 5:44 am
Here's an overview:Until recently, legal scholars could confidently quote from The Paquete Habana and assert that international law is a part of the United States domestic law. [read post]
27 Jul 2011, 6:16 am by David Sloss
Thus, The Paquete Habana may be the only case where the Supreme Court applied the law of war directly to invalidate a wartime seizure of enemy property by a U.S. military officer. [read post]
13 Jun 2018, 2:10 pm
While this Court has called international law “part of our law,” The Paquete Habana, 175 U. [read post]
21 Sep 2016, 4:43 am by Embajador Microjuris al Día
“El paquete es el Internet en Cuba, si nos quitan el paquete no podremos saber qué está de moda en el mundo”, dijo a El Nuevo Día un joven distribuidor del “paquete semanal”. [read post]
27 Jul 2011, 2:24 pm by David Sloss Mike Ramsey and Bill Dodge
On the transition from natural law to positivism, for example, David Bederman’s chapter on customary international law from 1861 to 1900 provides a fascinating account of the mixing of natural law and positivist language during the late nineteenth century and suggests that the change to positivism was largely rhetorical, The Paquete Habana being the leading exception where the Court really did look to state practice to determine the content of customary international law. [read post]
22 Nov 2008, 1:55 am
., however, to the extent that international law is operative, that is because it is incorporated either through treaty or through the Paquete Habana's principle that "International law is part of our law," but in either case, international law only operates to the extent that it is consistent with the U.S. [read post]
11 Sep 2007, 11:43 pm
The Office of the Federal Public Defender represented Emmanuel.This summer the prosecution won the 1st round: in a 14-page opinion that surveyed international law as well as U.S. foreign relations law chestnuts like Paquete Habana, Judge Altonaga (right) denied a motion calling for dismissal of the 1st indictment on the following grounds: absence of authority under Article I of the Constitution to enact the statute; absence of congressional "authority to apply criminal laws… [read post]
7 May 2009, 11:35 pm
He cited two decisions, The Paquete Habana, of 1900, and an even earlier decision by Chief Justice Marshall in 1815: The Paquete Habana, 175 U.S., at 700, 20 S.Ct. 290 ("International 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"); The Nereide, 9 Cranch 388, 423, 3 L.Ed. 769 (1815)… [read post]
2 Aug 2010, 2:18 pm by Duncan Hollis
After quoting from Paquete Habana, Ginsburg turns her attention to the hostility to both foreign and international law on display in the U.S. [read post]
13 Jan 2010, 3:16 am
Just as Americans say, "International law is part of our law," recalling the statement in Paquete Habana (1900), we in France say, "European law is part of our law. [read post]
7 May 2009, 2:05 pm
He cited two decisions, The Paquete Habana, of 1900, and an even earlier decision by Chief Justice Marshall in 1815:   The Paqueta Habana, 175 U.S., at 700 ("International 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"); The Nereide, 9 Cranch 388, 423 (1815) (Marshall, C.J.) [read post]
29 Jan 2010, 4:37 am by John Dehn
In other words, as Paquete Habana, 175 U.S. at 700, attempted to make clear, international law "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. [read post]
18 Dec 2013, 12:35 pm by Ashley Deeks
  The Krass answer does not indicate whether she (or the USG) concurs with the 1989 OLC opinion—but it does not disagree, either. (3) As for customary law, the Court’s decision in the Paquete Habana famously stated that the United States must comply with CIL “where there is no treaty and no controlling executive or legislative act or judicial decision. [read post]
13 Sep 2012, 9:38 am by Eugene Volokh
The second and more venerable strand of “transnationalist jurisprudence” began with John Jay and John Marshall, was carried forward by Justice Gray in the The Paquete Habana case, and was articulated in the Warren and Burger Courts by Justices Douglas and White and in the numerous opinions of Justice Blackmun. [read post]
20 Dec 2009, 3:09 pm by Alfred Brophy
So while some writers were advocating the idea that a nation couldn't opt-out as early as the 1870s, as late as 1900 in The Paquete Habana our Supreme Court was still talking as though we could opt out of customary international law (or at least as though we could agree not to be bound in the first place). [read post]
14 Mar 2009, 10:36 am
See AUMF, § 2(a)(authorizing the President to use “all necessary and appropriate force” against those that “he determines” planned, authorized, committed, or aided the September 11 terrorist attacks or harbored those organizations); The Paquete Habana, 175 U.S. 677, 700 (1900) (court construes customary international law de novo only in the absence of a “controlling executive or legislative act or judicial… [read post]
9 Apr 2009, 7:29 am
Such works are resorted to by judicial tribunals not for the speculations of their authors concerning what the law ought to be, but for trustworthy evidence of what the law really is.This famous Supreme Court case from 1900 (Paquete Habana) makes clear that our courts have been charged with the difficult process of consulting many different types of international legal sources to establish the norms to include as part of the customary international law that binds the United… [read post]