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Case Citations [1] (Fall 2024)

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                         THE AMERICAN


                           LAW INSTITUTE



                                  Fall 2024 Citations



      THE FOREIGN RELATIONS LAW OF THE

  UNITED STATES 4TH: SELECTED TOPICS IN

  TREATIES, JURISDICTION, AND SOVEREIGN

                                IMMUNITY


           PART  IV. JURISDICTION,  STATE  IMMUNITY,   AND JUDGMENTS

                            CHAPTER   1. PRESCRIPTION

  SUBCHAPTER B.   CUSTOMARY INTERNATIONAL LAW GOVERNING JURISDICTION
                                  TO  PRESCRIBE

§ 408. Jurisdiction Based on Territory

C.A.1, 2023. Com. (b) and Rptr's Note 3 cit. in case quot. in ftn. to diss. op. (general cite). Costa Rican
nationals appealed their convictions for violating the Maritime Drug Law Enforcement Act by
trafficking drugs on the high seas and within the United States' jurisdiction while on board a covered
vessel, contending that their foreign vessel was not subject to the jurisdiction of the United States under
the Act. While sitting en banc, this court affirmed the convictions, holding that the Act's reference to
any vessel subject to the jurisdiction of the United States when defining a covered vessel did not
limit the subject-matter jurisdiction of federal courts over federal criminal prosecutions, noting that the
indictments charging nationals with a violation of the Act did not solely rely on nationals being aboard a
vessel without nationality. The dissenting opinion noted that Restatement Fourth of the Foreign
Relations Law of the United States § 408 did not establish that the prevailing view of the law of nations
was that the interdicting country acquired the same territorial jurisdiction over the stateless vessel's
occupants as it acquired over the vessel itself. United States v. Davila-Reyes, 84 F.4th 400, 467.





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