ABSTRACT

International law is part of the law of the United States. The jurisprudential basis for the incorporation of customary international law into the corpus juris americanum has been the subject of extensive academic analysis, and no small amount of dispute. Modern international law, as reflected in both treaty and custom, has made great strides toward specifying and particularizing the rights and duties of individuals. When customary norms may be said to have created rights, those rights are enforceable in United States courts, because the customary international law is part of the law of the United States. Customary international law creates individual rights, or recognizes their existence, when the indicia of custom point to the evolution of certain legal norms. Customary international law shares entirely with treaty law the dignity of forming a part of the law of the United States.