5. SCOTUS & LAW OF NATIONS


630 F2d 876 Filartiga v. Pena-Irala 630 F.2d 876 Dolly M. E. FILARTIGA and Joel Filartiga, Plaintiffs-Appellants, v. Americo Norberto PENA-IRALA, Defendant-Appellee. No. 191, Docket 79-6090. United States Court of Appeals, Second Circuit. Argued Oct. 16, 1979. Decided June 30, 1980.

See http://www.chips-corner.com/Filartiga%20vs%20Pena-Irala.pdf

THE RULING INCLUDES:

43 Thus, it was hardly a radical initiative for Chief Justice Marshall to state in The Nereide, 13 U.S.(9 Cranch) 388, 422, 3 L.Ed. 769 (1815), that in the absence of a congressional enactment, United States courts are "bound by the law of nations, which is a part of the law of the land." These words were echoed in The Paquete Habana, supra, 175 U.S. at 700, 20 S. Ct. at 299: "(i) nternational law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination."

KEY WORDS: SCOTUS, SUPREME COURT, LAW, LAW OF NATIONS, FILARTIGA, PEÑA, PENA, IRALA, PEÑA IRALA, PENA IRALA, INTERNATIONAL, INTERNATIONAL LAW, NATIONS