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International Law (Spring 2014)

International Law Class 9: Slave Trade & Piracy

As you read the materials that follow, consider the following questions 1. In what ways are piracy and slave trading similar in terms of their international dimensions? In what ways are they different? Does it make sense to treat them in jurisdictionally similar ways – e.g., to subject both to universal jurisdiction? 2. What lessons for international law responses to contemporary human trafficking do you draw from the slave trade history? Would it be a good idea to prosecute trafficking cases in a national court under universal jurisdiction? Or would the creation of an international tribunal be a good idea? 3. Is prosecution in national courts a good solution for contemporary piracy? Would an international tribunal be preferable? Why or why not? 4. How does the 4th Circuit’s approach to determining the content of international law in U.S. v. Dire compare to the approach of the Supreme Court in Sosa and the Second Circuit in Kiobel?