And suppose no corporation had ever been punished for violating customary international law.
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The present documentation of the laws of war are based on customary international law that has been around for thousands of years.
Article 34.1 of the 1978 Vienna Convention on the succession of States in Respect of Treaties has not passed into customary international law.
American sovereignty, an unfettered Navy, and where applicable, customary international law, remain our best tools for ensuring stability in critical ocean pathways like the Strait of Hormuz.
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.
NATO's bombing is legal is one of customary international law.
The opinions of recognized scholars constitute evidence of customary international law in a case in which there is (a) no controlling judicial decision, (b) no controlling State practice and (c) no otherwise controlling treaty.
The U.S. joining this treaty really renounces the freedom that we have now under customary international law and would subject us to the votes of the treaty adherents, which are undoubtedly much like the General Assembly of the U.N.
Subjecting our military to the risks of such mandatory dispute resolution is all the more imprudent given that LOST provides the Navy with no navigational rights and freedoms beyond those it already enjoys under customary international law and the U.S. Freedom of Navigation Program.
The United States already conducts warfare under the norms of centuries of practice of customary international law in areas such as military necessity and proportionality, as well as the norms to which we committed ourselves when we became party to the 1949 Geneva Conventions and the United Nations Charter.
Even though Article 1 of the U.S. Constitution allows Congress to issue Letters of Marque, they were forbidden in the 1856 Paris Declaration, which as been accepted as customary international law. (Theodore Richard produced an excellent journal paper on this topic analyzing the use of private security providers for piracy).
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Apparently, by approving our previous signature to a piece of paper, the U.S. will change Iranian behavior by somehow strengthening the American position that LOST's provisions allowing "transit passage" through international straits, such as the Strait of Hormuz, are already customary international law, of which the U.S. is entitled to avail itself.
If, for the sake of argument, there was reason to believe Iran would take seriously any global consensus on passage through the Strait of Hormuz that would supposedly emerge from American ratification of LOST, the U.S. would still be paying far too high a price simply to codify what we already maintain is our right under customary international law.
Although some contend that we already adhere to some of the navigational practices found in LOST, either because we recognize them as customary international law or consider ourselves bound to such practices by previous (non-LOST) treaty commitments, this Treaty alters the framework entirely by requiring state parties to submit to mandatory dispute resolution mechanisms, the rulings of which are binding and without appeal.
President Lincoln had a German professor, Francis Lieber, draft General Orders No. 100 which embodied international customary law.
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