...jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no...had to the customs and usages of civilized nations." This is the rule which must be regarded as applying when the President, as commander-in-chief, directs...

...part of our law," and that "where there is no treaty, and no controlling executive or legislative Acts or judicial decision, resort must be had to the customs and usages of civilized nations." 1 Because of the precedence which our courts give to Acts of Congress passed subsequent to treaty,...

...jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no controlling executive or legislative 88 Art. I, Sec. 8, par. 10. 8»9 Cranch, 388, 423. »o 120 US 479. »1 175 US 677, 700. act or judicial...

...jurisdiction as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty and no...judicial decision, resort must be had to the customs aud usages of civilized nations, and, as evidence of these, to the works of jurists and commentators...

...effect that the law of nations, more modernly referred to as international law, must be ascertained from the customs and usages of civilized nations and as evidence of these the works of jurists and commentators who by years of labor, research, and experience have made themselves...

...effect that the law of nations, more modernly referred to as international law, must be ascertained from the customs and usages of civilized nations and as evidence of these the works of jurists and commentators who by years of labor, research, and experience have made themselves...

...their function was lucidly defined by Mr Justice Gray in The Paquete Habana and The Lola.2 He said : Where there is no treaty, and no controlling executive...judicial decision, resort must be had to the customs and usage of civilized nations; and as evidence of these, to the works of jurists and commentators, who...

...controlling executive or legislative act or judicial provision resort must be had" — it said — "to the customs and usages of civilized nations and...of these to the works of jurists and commentators." It added, significantly enough : "Such works are resorted to by judicial tribunals, not for the speculations...

...162, 5 L.Ed. 57. The Paquete Habana, 175 US 677, 20 S.Ct. 290, 44 L.Ed. 320 (1900), reaffirmed that where there is no treaty, and no controlling executive...these, to the works of jurists and commentators, who by yean of labor, research and experience, have made themselves peculiarly well acquainted with the subject«...

...courts to ascertain and administer customary international law as part of our law. The Court stated that "where there is no treaty and no controlling executive...had to the customs and usages of civilized nations . . . ." Id. at 700. In the area of human rights, establishing whether there is a custom of international...