This course explores the dynamic relationship between customary international law (CIL) and U.S. domestic law in the context of human rights protection. It critically examines how unwritten international norms—such as prohibitions against torture, slavery, genocide, and crimes against humanity—interact with, complement, or conflict with U.S. constitutional principles, statutes, and jurisprudence.
Students will analyze key court decisions, enforcement mechanisms, and constitutional doctrines that shape the status of CIL in U.S. courts. The course also explores the practical implications for litigation, corporate compliance, public policy, and human rights advocacy in both domestic and transnational contexts. Through hands-on legal training, students will engage in real-world simulations including litigation drafting, legal advisory strategy, and comparative legal analysis.
Course Objectives
By the end of this course, students will be able to:
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Understand the nature, sources, and criteria of customary international law.
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Evaluate how U.S. courts incorporate—or reject—CIL in human rights litigation.
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Analyze the hierarchy of legal norms in U.S. law when conflicts with CIL arise.
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Apply legal reasoning and strategy to human rights claims grounded in CIL.
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Advise corporate or government clients on compliance with CIL principles.
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Identify areas of convergence and divergence between U.S. legal obligations and international human rights norms.
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Anticipate emerging challenges in using CIL to advance human rights in domestic forums.
