...obligation." 1 RESTATEMENT (THIRD) § 102(2). To ascertain customary international law, judges resort to "the customs and usages of civilized nations, and,...these, to the works of jurists and commentators." The Paquete Habana, 175 US 677, 700, 20 S.Ct. 290, 299, 44 L.Ed. 320 (1900). These same tools are used...

...that "the customs and usages of civilized nations" (customary international law) is part of US law "where there is no treaty and no controlling executive or legislative act or judicial decision . . . ,"78 Furthermore, while the recently ratified Covenant clearly creates a solemn legal obligation...

...that customary international law ("the customs and usages of civilized nations") is part of US law "where there is no treaty and no controlling executive or legislative act or judicial decision ... ." 65 Furthermore, while the recently ratified Covenant clearly creates a solemn legal obligation...

...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...of these, to the works of jurists and commentators, not for the speculations of their authors concerning what the law ought to be, but for trustworthy...

...explained customary law and general principles as sources of international law in our domestic system: 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...

...decision or applicable treaty contradicts this principle, and the US Supreme Court has established that "where there is no treaty and no controlling executive or legislative act or judicial decision," works of international legal scholars are acceptable as evidence of the law. President William Clinton...

...violating principles of public international law. Public international law controls, however, only 'where there is no treaty and no controlling executive or legislative act or judicial decision...'.4* When international law becomes part of domestic law through the legislative process,...

...référée. 393. The Paquete Habana, 175 US 677, 700 (1900): «International law is part of our law . . . where there is no treaty and no controlling executive...had to the customs and usages of civilized nations. . . » ; voir également Restatement 3rd (supra note 311). par. 115. e) Les limites du principe de...

...("International law is part of our law, and must be ascertained and administered by the courts of justice . . . For this purpose, where there is no treaty and no...to the customs and usages of civilized nations."). Under German law, international treaties do not have a higher status than federal laws, with the consequence...

...decision or applicable treaty contradicts this principle, and the US Supreme Court has established that "where there is no treaty and no controlling executive or legislative act or judicial decision," works of international legal scholars are acceptable as evidence of the law. President William Clinton...