U.S. On Customary International Law - -- Customary International Law results from a general and consistent practice of states followed by them from a sense of legal obligation. - If a statute contrad... icts International Law, the statute will prevail, which is a very rare instance. - According to the U.S. Constitution in the "Laws of Nations" clause, during the Paquete Habana Court Case, the U.S. Navy's detaining of civilian Spanish ships during the Spanish-American War, violated Customary Laws of maritime according to U.S. courts. -Treaties - -Positivism. Written international agreement among states. International definition is not the same as the U.S. definition. The U.S. definition of a Treaty requires the president's signiture and a 2/3 ratification vote from the Senate according to Article II of the U.S. Constitution. Treaties are the Law of the Land and hold domestic enforcement. Unless a Treaty is made under the requirements of Article II, then the U.S. is not bound to that Treaty. All nations have their own definitions of Treaties. -The Case of the S.S. Lotus in 1927 (France v. Turkey) - -- French Captain of the S.S. Lotus, Lieutenant Demons, was arrested by Turkish authorities for negligent conduct when he reached land in Constantinople, Turkey due to a high seas collision that had occurred earlier with a Turkish ship, killing 8 Turkish seamen. - Both France and Turkey had opposing views regarding whether or not Turkey maintained criminal jurisdiction over Demons and legally possessed the right to arrest him and indict such charges against him. [Show More]
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