Defining and punishing abroad: Constitutional limits on the extraterritorial reach of the offenses clause

Duke Law Journal

Volumn 48, Issue 6, 1999, Pages 1305-

  Teachout, Zephyr Rain ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 0348225106     PISSN: 00127086     EISSN: None     Source Type: Journal    
DOI: 10.2307/1373018     Document Type: Article

References (4)

1. U.S. CONST, art. I, § 8, cl. 10.
2. Customary international law, or the "law of nations," is the law regulating interactions between nations, and, in some instances, between nations and individuals. For a fuller discussion of the scope of customary international law, see infra Part I.A. Kidnapping is a violation of customary international law. See Timothy D. Rudy, Did We Treaty Away Ker-Frisbie?, 26 ST. MARY'S L.J. 791, 799-800 (1995).
3. Although treaties covering the problems presented herein exist, they are ignored for the purposes of this Note. This Note is concerned only with the interaction between customary international law and constitutional law in the absence of treaties.
4. There are, however, a few exceptions to this general rule. The United States can, for example, assert jurisdiction over crimes threatening central U.S. interests, see infra notes 29-31 and accompanying text (discussing protective jurisdiction), and crimes so egregious as to merit