International Law as Environment for Municipal Litigation : The Chicago Diversion Cases

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Abstract
It has long been recognized by students of international law that international legal rules may be significant issues in litigation before a municipal court. Three types of relationship of international law to municipal litigation may be observed: (1) those cases wherein the rules of international law are not germane; (2) those cases wherein the rules of international law, either conventional or customary, are a specific issue before the court and accordingly become part of the ratio decidendi of the court—the Sabbatino case is an example; and (3) those cases wherein international law rules are not a specific issue before the court but are part of the legal environment of the case. In these cases the court relies upon domestic law in its ratio deciderteli, but its cognizance of, or deference to, international law rules may either support or weaken international law. Although this note examines the third type of cases, the categories are not rigidly exclusive.

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