Also known as: jus intergentium · international law · law of nations
Written by attorneys · grounded in primary & secondary sources — see below
A body of law governing relations among sovereign states and other international actors. It encompasses rules derived from treaties, custom, and general principles that states accept as binding in their mutual dealings.
Congress enacts a statute imposing uniform duties on imports from multiple foreign nations to fund national defense. Jacobs Shipping challenges the law, arguing it violates uniformity requirements. The court upholds the statute because Congress exercises authority to regulate commerce with foreign nations under its enumerated powers.
The President directs an arms embargo against a foreign nation pursuant to a joint resolution. Curtiss-Wright Export Corporation ships goods in violation of the order and faces prosecution. The Supreme Court sustains the action, recognizing broad executive discretion in matters touching foreign relations and the law between nations.
Select any source to read its text and confirm it supports the definition.
New York grants a steamboat monopoly that blocks vessels licensed under federal law from operating between New York and New Jersey ports. Gibbons challenges the state grant. The Court invalidates the monopoly, holding that federal power to regulate commerce with foreign nations preempts conflicting state action.
A state court enters a default judgment against a nonresident whose only contact is property located within the forum. Neff later attacks the judgment when the property is sold. The Supreme Court holds that the judgment is void for lack of personal jurisdiction, consistent with principles of territorial authority under the law of nations.
Zapata Off-Shore enters a contract with a German corporation containing a London forum-selection clause. When a dispute arises, Zapata sues in Florida. The Supreme Court enforces the clause, emphasizing that international commercial agreements should be respected to promote stability in transnational dealings.
Massachusetts seeks to enjoin federal spending that it claims harms state taxpayers. The Court dismisses the suit, holding that states lack standing to challenge federal actions in matters involving the general welfare and relations with foreign nations.
Jus inter gentes governs relations between sovereign states and derives from treaties, custom, and general principles accepted by nations. Domestic law regulates conduct within a single state and is enforced by that state's institutions. The two systems interact when treaties are incorporated into domestic law or when courts apply international rules to resolve cross-border disputes.
The Constitution expressly authorizes Congress to define and punish offenses against the law of nations. Courts therefore consult jus inter gentes when construing federal powers over foreign commerce, war, and treaties. This ensures that domestic exercises of authority remain consistent with the United States' international obligations.
Private parties may rely on jus inter gentes only when a treaty or statute incorporates its rules into domestic law. Absent such incorporation, claims resting solely on international law are generally not enforceable in U.S. courts. The Alien Tort Statute provides a limited exception for certain torts committed in violation of the law of nations.
…extent one's property and affairs then become subject to the laws of the nation of domicile of the corporation. As a matter of international law, that suggestion might be acceptable because a foreign investment is sufficiently unusual to make it appropriate to require the investor to study the ramifications of his decision. But a…