Finding Customary International Law

Author:Ryan M. Scoville
Position:Assistant Professor of Law, Marquette University Law School; J.D., Stanford Law School

Established doctrine holds that customary international law ("CIL") arises from general and consistent state practice that is backed by a sense of legal obligation. Contemporary litigation requires federal courts to apply this doctrine to identify the contours of CIL in a diverse collection of cases ranging from civil actions under the Alien Tort Statute to criminal prosecutions under the... (see full summary)

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