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Politics : The Supreme Court, All Right or All Wrong? -- Ignore unavailable to you. Want to Upgrade?


To: sandintoes who wrote (56)7/12/2005 9:28:50 PM
From: Ilaine  Read Replies (2) | Respond to of 3029
 
I've been out of law school for a while.

Of course, there are times when courts do look to international law. Obvious examples: cases involving international-type fact patterns, such as international treaties. Less obvious: cases involving international transactions, to see what the parties agreed to, or accepted business practices.

Little known: admiralty and maritime law cases often involved international law, and marine contracts are typically interpreted according to British law.

Also little known: our legal system is based on British common law, so sometimes the courts look to Great Britain to see what words mean and also how the law developed.

But this idea that there is some kind of international consensus that we should be guided by, no, that's not something I am familiar with or agree with.