Also known as: law of nations · laws of nations · international law · jus gentium
Written by attorneys · grounded in primary & secondary sources — see below
The body of rules derived from custom, treaties, and general principles that governs relations among sovereign states and other international actors. It supplies standards for conduct on matters such as war, diplomacy, commerce, and individual rights that cross national boundaries. Offenses against these rules may be punished under domestic authority when Congress exercises its enumerated power.
Nathaniel Newman, a U.S. merchant, owns a vessel seized by foreign privateers during hostilities. Congress enacts legislation defining and punishing the seizure as an offense against the law of nations. The statute supplies the legal basis for federal authorities to proceed against the captured property and persons involved.
Natalie Norris, a U.S. citizen, holds title to goods belonging to a foreign national after war is declared. Federal authorities initiate forfeiture under authority tied to the law of nations. The court determines that the goods may be condemned only if Congress has authorized such action through legislation implementing the relevant international rules.
Select any source to read its text and confirm it supports the definition.
Naveen Nanda, a Georgia resident, sues the state of Georgia in federal court over a debt. The state asserts that principles drawn from the law of nations bar the suit. The Court examines whether those principles extend immunity to states in the same manner as to foreign sovereigns.
Nigel Nelson challenges a local ban on possessing certain firearms. He argues that the prohibition conflicts with longstanding understandings under the law of nations concerning the rights of individuals in organized society. The Court evaluates the claim by reference to founding-era sources that incorporated international principles into domestic constitutional analysis.
Nicholas Nunez operates a steamboat service between New York and New Jersey. State officials attempt to enforce an exclusive license against him. He contends that federal authority to regulate commerce with foreign nations and among the states, informed by the law of nations, preempts the state restriction.
Nancy Nelson obtains a judgment in Oregon against property owned by a nonresident debtor. The debtor later challenges enforcement, asserting that principles of the law of nations require presence or consent for valid jurisdiction. The Court assesses whether the seizure satisfies traditional international standards for exercising authority over property.
Article I, Section 8 grants Congress power to define and punish piracies, felonies on the high seas, and offenses against the law of nations. This authority allows federal legislation to address violations of international rules when they occur within U.S. jurisdiction.
Supporting sources
The Alien Tort Statute grants district courts jurisdiction over civil actions by aliens for torts committed in violation of the law of nations or a U.S. treaty. Courts have applied this statute to certain international law violations, though the precise scope remains subject to judicial interpretation.
Supporting sources
A state may not exercise judicial jurisdiction when inaction is required by international law. Principles drawn from the law of nations can limit a state's ability to adjudicate claims involving foreign sovereigns or property located abroad.
…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…