Document Type

Article

Disciplines

International Law

Abstract

Justice Anthony M. Kennedy's recent appointment to the United States Supreme Court presents an appropriate time to review his opinions from the Ninth Circuit Court of Appeals dealing with international legal issues. Given the limited quantity of such opinions,1 the purpose of this recent development is also limited. Rather than attempting to glean any general international legal philosophy, the scope of this examination is confined to characterizing the new Justice's approach to the issues presented in the few cases he has authored.

This survey summarizes the facts of each case and sets forth Kennedy's handling of the international law issues involved. For analytical purposes, his opinions are divided into two categories: 1) treaty interpretation and 2) choice of law and extraterritorial application of United States laws. This recent development concludes that Kennedy has a keen sense of awareness in the delicate task of applying United States law when foreign interests and concerns are involved, but that his analysis of treaty language has been less than thorough.

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