Document Type
Working Paper
Publication Date
11-15-2012
SSRN Discipline
Legal Scholarship Network; *Humanities - Forthcoming Areas; Law School Research Papers - Legal Studies; Law & Society eJournals; International Law & Trade eJournals; LSN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Public International Law eJournals; Humanities Network; History; Political Science Network
Abstract
The US Supreme Court's foundational decisions in Banco Nacional de Cuba v Sabbatino and forty years later Sosa v AlvarezMachain demonstrate the Court's application of a consistent overarching principle of restraint a US court should adjudicate only claims involving what we call "supernorms" In short a supernorm is an international legal prohibition that has become so crystallized and entrenched as to be effectively unquestionable and inviolable either by sovereign entities or by individuals particularly those acting under color of state authority
Recommended Citation
Chimène I. Keitner & Kenneth C. Randall,
Sabbatino, Sosa, and Supernorms,
(2012).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/164