Bellaizac-Hurtado and others were arrested in Panama for drug trafficking aboard a Panamanian-flagged vessel in Panamanian waters.

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Bellaizac-Hurtado and others were arrested in Panama for drug trafficking aboard a Panamanian-flagged vessel in Panamanian waters. They were extradited to the United States for prosecution under the Maritime Drug Law Enforcement Act. They argued that the law was unconstitutional as applied to them. The United States claimed that under Article I, Section 8 of the Constitution, Congress has the power to "Define and punish . . . offenses against the law of nations" and therefore the statute was properly applied. The defendants contended that the language "offenses against the law of nations" refers only to violations of "customary international law." No one would disagree that drug trafficking is "universally condemned." But is drug trafficking a violation of customary international law? Why or why not? How did the court rule?
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International Business Law And Its Environment

ISBN: 9781305972599

10th Edition

Authors: Richard Schaffer, Filiberto Agusti, Lucien J. Dhooge

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