...did indeed say that “international law is part of our law.” 2 ' But Justice Gray then continued, “where there is no treaty and no controlling executive...legislative act or judicial decision, resort must be “¿‘ 11 US (7 Cranch) 116, 145—46 (1812) (emphasis added). 118 Id. at 128. ¿ See, eg, Oliver...

...established writers on international law. "Gray says: "Where there is no treaty and no controlling executive act or judicial decision, resort must be had to the...works of jurists and commentators who by years of labour, research and experience have made themselves peculiarly well acquainted with the subjects which...

..."international law is part of our law, and must be ascertained and administered by the courts of justice . . . |Where] there is no treaty, and no controlling executive...must be had to the customs and usages of civilized nations."3 THE "WAR ON TERROR" AND DOMESTIC LIBERTIES With regard to domestic liberties and the rule...

...(1804); Lauritzen v. Larsen, 345 US 571, 578 (1958). But public international law is controlling only "where there is no treaty and no controlling executive or legislative act or judicial decision " 175 US at 700. Appellees argue that, because general principles of international law forbid prolonged...

...The sources of international law are treaty and custom. Where there is no treaty and no contending executive or legislative act or judicial decision, resort must be had to customs and usages of "civilized nations." A prevailing custom of international law is one that arises...

...depending upon it are duly presented for their determination. For 7 Avi-Yonah (1995). 8 Lepard (2000). this purpose, where there is no treaty and no controlling...had to the customs and usages of civilized nations. To the extent legislation exists, in the United States it can override customary international law...

...B. Fassenbach, "International Decisions", American Journal of International Law, XCII (1998), p. 76. purpose, where there is no treaty, and no controlling...had to the customs and usages of civilized nations" (Mr. Justice Gray).80 Thus, if a conflict arises between a general norm of international law and any...

...often as questions of right depending upon it are duly presented for their determination. Hence, " where there is no treaty, and no controlling executive...had to the customs and usages of civilized nations" (Paquette Habana, supra). But, as was said by Chief Justice Marshall in respect to the equality of...

...of the equality of nations which forbids that one nation should impose a rule upon another; and yet where there is no treaty and no controlling executive or legislative act, resort must be had to the customs and usages of civilized nations. Hence questions of international...