Marine Boundaries: States and the United States

2006 ◽  
Vol 21 (2) ◽  
pp. 121-171
Author(s):  
Gerard Mangone
Keyword(s):  
United States ◽  
International Law ◽  
Coastal Area ◽  
Common Law ◽  
The United States ◽  
Legal Basis ◽  
Marine Boundaries

AbstractMarine boundaries between states of the United States and between the states and the United States have a long and contentious history. Disputes have arisen between states separated by a river and between states in extending their land boundaries seaward. Especially since the Submerged Lands Act of 1953, disputes between states and the federal United States over title to valuable resources in the three-mile coastal area measured from the shoreline have been sharp and continuous. The legal basis for the delimitation of marine zones, including common law, statutes and international law, has been explored, indicating the reliance of courts on all three sources plus equitable principles.

Part I The Conceptual Framework, 4 Jurisdiction and MNE Regulation

2021 ◽  
Author(s):  
Muchlinski Peter T
Keyword(s):  
United States ◽  
Conceptual Framework ◽  
International Law ◽  
Multinational Enterprises ◽  
The United States ◽  
Legal Basis ◽  
Regulatory Standards ◽  
Legal Jurisdiction ◽  
Extraterritorial Jurisdiction

This chapter investigates the legal basis for exercising extraterritorial jurisdiction over multinational enterprises (MNEs). The state’s exercise of extraterritorial jurisdiction rests on the international law rules relating to state jurisdiction. A state’s legal jurisdiction can be divided between the jurisdiction to prescribe laws, to adjudicate disputes and to enforce legal orders and judgments. This classification follows the traditional division of governmental authority between legislative, judicial and executive powers, though each branch of government can engage in any of the three. The chapter evaluates the three heads of jurisdiction in turn, relying to a large extent on US practice, which is the most developed in this field. In more recent years, not only the United States, but other global economic powers, have sought to avoid extraterritoriality conflicts though harmonization of regulatory standards and the development of cooperative regulatory structures.

The Practice of Asylum in Legations and Consulates of the United States

1909 ◽  
Vol 3 (3) ◽  
pp. 562-595 ◽  
Author(s):  
Barry Gilbert
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Legal Basis ◽  
Unstable Condition

The practice of extending protection, or “ asylum,” within the walls of legations and consulates to refugees and unfortunates, rests upon no very satisfactory legal basis, but rather upon considerations of humanity. Though from time to time certain recognized doctrines of international law and certain doctrines of somewhat more doubtful recognition have been asserted in justification, it will be found that the so-called “ right of asylum ” is no right at all, but only a privilege granted or claimed where its use seems necessary by reason of an unstable condition of society.

Incorporation of the Law of Nations During the American Revolution—The Case of the San Antonio

1977 ◽  
Vol 71 (2) ◽  
pp. 270-295 ◽  
Author(s):  
Henry J. Bourguignon
Keyword(s):  
United States ◽  
International Law ◽  
American Revolution ◽  
San Antonio ◽  
Common Law ◽  
The United States ◽  
Law Of Nations ◽  
The Supreme Court ◽  
The Law ◽  
Anglo American

In an article published in this Journal in 1932, Professor Edwin Dickinson pointed out that the Supreme Court, in the first thirty years of its existence, dealt with 82 cases which raised questions of international law. The Court and counsel before it repeatedly cited the familiar writers on the law of nations: Grotius, Pufendorf, Bynkershoek, Burlamaqui, Rutherforth, and Vattel. As Dickinson pointed out, “It is an ancient doctrine of the Anglo-American common law that the law of nations is incorporated in and in some sense forms part of the national law.” Largely through decisions based on the principles expressed by the classical writers, the law of nations was early incorporated as part of the law of the United States.

scholarly journals Corporations and Transnational Litigation: Comparing Kiobel with the Jurisprudence of English Courts

AJIL Unbound ◽  
2013 ◽  
Vol 107 ◽  
pp. 23-30
Author(s):  
Andrew Sanger
Keyword(s):  
United States ◽  
International Law ◽  
Common Law ◽  
The United States ◽  
Federal Courts ◽  
The U.S ◽  
Alien Tort Statute

As a result of the U.S. Supreme Court's decision in Kiobel v. Royal Dutch Petroleum Co., claims brought under the Alien Tort Statute (ATS) must “touch and concern the territory of the United States … with sufficient force” for federal courts to recognize a federal common law cause of action for violations of international law.

Choice of Law Methods in the Private International Law of Contract

1981 ◽  
Vol 18 ◽  
pp. 161-200
Author(s):  
Joost Blom
Keyword(s):  
United States ◽  
International Law ◽  
Common Law ◽  
The United States ◽  
Private International Law ◽  
Legal Systems ◽  
Choice Of Law ◽  
The Common ◽  
The Law ◽  
Contractual Obligations

This article examines the choice of law methods developed in four legal systems for problems relating to the substantial or essential validity of contracts. The complicated questions of formation and capacity have had to be left aside. The first two parts of this article discussed the choice of law methods used by courts in France, Germany, and the United States. This concluding part deals with the law in England and the common law jurisdictions in Canada, and also, by way of epilogue, with the recently completed European Communities Convention on the law applicable to contractual obligations. Finally, some general conclusions will be offered about the patterns of law that have emerged in the course of this survey.

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

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