Tuesday, May 10, 2016

International Law: Foreign, or Domestic?

By Nathaniel Nichols
Nathaniel Nichols is a graduating student at Albany Law School. He received his B.A. in Psychology, with a minor in History, as well as a Master’s degree in Mental Health Counseling from the University at Albany. While an undergraduate, he focused on clinical and counseling psychology, and worked in the Addictive and Compulsive Behaviors Laboratory. While a graduate student, and for a short time after, he worked at the Stratton Veteran’s Affairs Hospital in Albany in the Behavioral Health Clinic.
At Albany Law School, Nate has been a Dean’s list student and is the recipient of the David S. Williams Endowed Scholarship. He has focused on Corporate Law and Civil Litigation and, for two years, has clerked at the Office of General Counsel for the New York State Public Employees Federation.
Nate prepared this paper for Prof. Bonventre’s International Law of War & Crime Seminar.

The term international law implies a legal system that binds state actors to a set of legal precedents. However, the reality of international law in America is that the three branches of government merely adopt, apply, or enact international law when the domestic law of the country calls for it based on some internal need of the country.

In essence, the idea of International Law doesn’t apply to the United States. By creating domestic laws that reflect consideration of selective international sources, the United States isolates its legal system. This paper will discuss this theory.
To read the entire paper, open HERE.