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China and the United States  

Gregg A. Brazinsky

Throughout the 19th and 20th centuries, America’s relationship with China ran the gamut from friendship and alliance to enmity and competition. Americans have long believed in China’s potential to become an important global actor, primarily in ways that would benefit the United States. The Chinese have at times embraced, at times rejected, and at times adapted to the US agenda. While there have been some consistent themes in this relationship, Sino-American interactions unquestionably increased their breadth in the 20th century. Trade with China grew from its modest beginnings in the 19th and early 20th centuries into a critical part of the global economy by the 21st century. While Americans have often perceived China as a country that offered significant opportunities for mutual benefit, China has also been seen as a threat and rival. During the Cold War, the two competed vigorously for influence in Asia and Africa. Today we see echoes of this same competition as China continues to grow economically while expanding its influence abroad. The history of Sino-American relations illustrates a complex dichotomy of cooperation and competition; this defines the relationship today and has widespread ramifications for global politics.


Chinese Americans and Natural Resource Extraction in the American West, 1850s–1900  

Ashanti Shih

Chinese migrants, through taking part in the extraction of natural resources, played a key role in the economic and environmental transformation of the American West in the late 19th through early 20th centuries. The desire to mine gold in California, in combination with domestic unrest within southeastern China, prompted the first mass migration of Chinese to the United States in the 1850s. While some Chinese migrants continued to mine for gold long after other independent prospectors had given up, the vast majority of Chinese migrants transitioned into wage laborers who worked for larger mining corporations or for other companies seeking to capitalize on the vast natural resources the American West had to offer. Throughout the second half of the 19th century, Chinese men became important producers in logging, fishing, and canning, and mining even beyond gold. They often brought their own knowledge and technologies with them into these jobs. Despite their organization into “gang labor” and strong community and transnational ties, Chinese workers became an exploited laboring class that was soon targeted by working-class Whites and others who perceived themselves to be in competition with Chinese workers for these jobs. The resulting exclusionary policies had a significant effect, and Japanese, Korean, Mexican, and Filipino labor gradually displaced Chinese as the dominant labor force supporting environmental and economic change in the American West.


Chinese Herb Doctors in the United States, 1850–1950  

Haiming Liu

Chinese were one of the few immigrant groups who brought with them a deep-rooted medical tradition. Chinese herbal doctors and stores came and appeared in California as soon as the Gold Rush began. Traditional Chinese medicine had a long history and was an important part of Chinese culture. Herbal medical knowledge and therapy was popular among Chinese immigrants. Chinese herbal doctors treated American patients as well. Established herbal doctors had more white patients than Chinese patients especially after Chinese population declined due to Chinese Exclusion laws. Chinese herbal medicine attracted American patients in the late 19th and early 20th century because Western medicine could not cure many diseases and symptoms during that period. Thriving Chinese herbal medical business made some doctors of Western medicine upset. California State Board of Medical Examiners did not allow Chinese herbal doctors to practice as medical doctors and had them arrested as practitioners without doctor license. Many of Chinese herbal doctors managed to operate their medical business as merchants selling herbs. Chinese herbal doctors often defended their career in court and newspaper articles. Their profession eventually discontinued when People’s Republic of China was established in 1949 and the United States passed the Trading with Enemy Economy Act in December 1950 that cut herbal medical imports from China.


Christian Missions to American Indians  

Carol L. Higham

Comparing Catholic and Protestant missionaries in North America can be a herculean task. It means comparing many religious groups, at least five governments, and hundreds of groups of Indians. But missions to the Indians played important roles in social, cultural, and political changes for Indians, Europeans, and Americans from the very beginning of contact in the 1500s to the present. By comparing Catholic and Protestant missions to the Indians, this article provides a better understanding of the relationship between these movements and their functions in the history of borders and frontiers, including how the missions changed both European and Indian cultures.


The City Beautiful Movement, 1890–1920  

John D. Fairfield

The City Beautiful movement arose in the 1890s in response to the accumulating dirt and disorder in industrial cities, which threatened economic efficiency and social peace. City Beautiful advocates believed that better sanitation, improved circulation of traffic, monumental civic centers, parks, parkways, public spaces, civic art, and the reduction of outdoor advertising would make cities throughout the United States more profitable and harmonious. Engaging architects and planners, businessmen and professionals, and social reformers and journalists, the City Beautiful movement expressed a boosterish desire for landscape beauty and civic grandeur, but also raised aspirations for a more humane and functional city. “Mean streets make mean people,” wrote the movement’s publicist and leading theorist, Charles Mulford Robinson, encapsulating the belief in positive environmentalism that drove the movement. Combining the parks and boulevards of landscape architect Frederick Law Olmsted with the neoclassical architecture of Daniel H. Burnham’s White City at the Chicago’s World Columbian Exposition in 1893, the City Beautiful movement also encouraged a view of the metropolis as a delicate organism that could be improved by bold, comprehensive planning. Two organizations, the American Park and Outdoor Art Association (founded in 1897) and the American League for Civic Improvements (founded in 1900), provided the movement with a national presence. But the movement also depended on the work of civic-minded women and men in nearly 2,500 municipal improvement associations scattered across the nation. Reaching its zenith in Burnham’s remaking of Washington, D.C., and his coauthored Plan of Chicago (1909), the movement slowly declined in favor of the “City Efficient” and a more technocratic city-planning profession. Aside from a legacy of still-treasured urban spaces and structures, the City Beautiful movement contributed to a range of urban reforms, from civic education and municipal housekeeping to city planning and regionalism.


Civilian Nuclear Power  

Daniel Pope

Nuclear power in the United States has had an uneven history and faces an uncertain future. Promising in the 1950s electricity “too cheap to meter,” nuclear power has failed to come close to that goal, although it has carved out approximately a 20 percent share of American electrical output. Two decades after World War II, General Electric and Westinghouse offered electric utilities completed “turnkey” plants at a fixed cost, hoping these “loss leaders” would create a demand for further projects. During the 1970s the industry boomed, but it also brought forth a large-scale protest movement. Since then, partly because of that movement and because of the drama of the 1979 Three Mile Island accident, nuclear power has plateaued, with only one reactor completed since 1995. Several factors account for the failed promise of nuclear energy. Civilian power has never fully shaken its military ancestry or its connotations of weaponry and warfare. American reactor designs borrowed from nuclear submarines. Concerns about weapons proliferation stymied industry hopes for breeder reactors that would produce plutonium as a byproduct. Federal regulatory agencies dealing with civilian nuclear energy also have military roles. Those connections have provided some advantages to the industry, but they have also generated fears. Not surprisingly, the “anti-nukes” movement of the 1970s and 1980s was closely bound to movements for peace and disarmament. The industry’s disappointments must also be understood in a wider energy context. Nuclear grew rapidly in the late 1960s and 1970s as domestic petroleum output shrank and environmental objections to coal came to the fore. At the same time, however, slowing economic growth and an emphasis on energy efficiency reduced demand for new power output. In the 21st century, new reactor designs and the perils of fossil-fuel-caused global warming have once again raised hopes for nuclear, but natural gas and renewables now compete favorably against new nuclear projects. Economic factors have been the main reason that nuclear has stalled in the last forty years. Highly capital intensive, nuclear projects have all too often taken too long to build and cost far more than initially forecast. The lack of standard plant designs, the need for expensive safety and security measures, and the inherent complexity of nuclear technology have all contributed to nuclear power’s inability to make its case on cost persuasively. Nevertheless, nuclear power may survive and even thrive if the nation commits to curtailing fossil fuel use or if, as the Trump administration proposes, it opts for subsidies to keep reactors operating.


Civil Rights and Schools: Tinker v. Des Moines  

Kathryn Schumaker

The 1969 Supreme Court ruling in Tinker v. Des Moines established that students in public elementary and secondary schools do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Before Tinker, students often faced punishment from school officials for their role in protests both on and off campus. A rise in civil rights protests and the role of young people in the social movements of the 1960s led to frequent conflicts between students and school administrators. Many black students were especially vocal in contesting racial discrimination at school in the two decades following the 1954Brown v. Board of Education decision. But before Tinker, students in public elementary and secondary schools were not considered to have any constitutional rights, including the right to free expression. Some of these students brought lawsuits in response to punishments they believed unfairly disciplined them for participating in legitimate protests. The political activism of young people and developments in First Amendment law eventually brought the Constitution into the public school classroom, leading to Tinker and other cases that established students’ rights.


The Civil Rights Movement in the Urban South  

Claudrena N. Harold

The civil rights movement in the urban South transformed the political, economic, and cultural landscape of post–World War II America. Between 1955 and 1968, African Americans and their white allies relied on nonviolent direct action, political lobbying, litigation, and economic boycotts to dismantle the Jim Crow system. Not all but many of the movement’s most decisive political battles occurred in the cities of Montgomery and Birmingham, Alabama; Nashville and Memphis, Tennessee; Greensboro and Durham, North Carolina; and Atlanta, Georgia. In these and other urban centers, civil rights activists launched full-throttled campaigns against white supremacy, economic exploitation, and state-sanctioned violence against African Americans. Their fight for racial justice coincided with monumental changes in the urban South as the upsurge in federal spending in the region created unprecedented levels of economic prosperity in the newly forged “Sunbelt.” A dynamic and multifaceted movement that encompassed a wide range of political organizations and perspectives, the black freedom struggle proved successful in dismantling legal segregation. The passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965 expanded black southerners’ economic, political, and educational opportunities. And yet, many African Americans continued to struggle as they confronted not just the long-term effects of racial discrimination and exclusion but also the new challenges engendered by deindustrialization and urban renewal as well as entrenched patterns of racial segregation in the public-school system.


The Civil War in an Atlantic Context  

Don H. Doyle

America’s Civil War became part of a much larger international crisis as European powers, happy to see the experiment in self-government fail in America’s “Great Republic,” took advantage of the situation to reclaim former colonies in the Caribbean and establish a European monarchy in Mexico. Overseas, in addition to their formal diplomatic appeals to European governments, both sides also experimented with public diplomacy campaigns to influence public opinion. Confederate foreign policy sought to win recognition and aid from Europe by offering free trade in cotton and aligning their cause with that of the aristocratic anti-democratic governing classes of Europe. The Union, instead, appealed to liberal, republican sentiment abroad by depicting the war as a trial of democratic government and embracing emancipation of the slaves. The Union victory led to the withdrawal of European empires from the New World: Spain from Santo Domingo, France from Mexico, Russia from Alaska, and Britain from Canada, and the destruction of slavery in the United States hastened its end in Puerto Rico, Cuba, and Brazil.


Civil War Regiments  

Lesley J. Gordon

The regiment was the essential “building block” of Civil War armies. Assigned by states, most volunteer regiments were organized based on soldiers’ home residence and reflective of those local communities. Each branch of the army—infantry, artillery, and cavalry—formed into regiments with varying numbers of companies and overall strength. There were regular army regiments and units specially designated for African American troops. As the war dragged on, regimental strengths diminished dramatically. The Confederate Army tried to refill older units with conscripts and new recruits, while the Union created new regiments to replace depleted ones and later consolidated smaller ones. Neither side was entirely successful in restoring regiments to full authorized strength. Nonetheless, the regiment was more than a mode of organization—it was the prime source of identity and pride for volunteers and later veterans. While armies, divisions, and brigades were crucial to winning battles, and companies forged tight bonds of loyalty, it was the regiment to which most soldiers claimed a personal allegiance. Famed regiments like the 1st Minnesota Infantry Regiment, the 1st Texas Infantry Regiment, and the 54th Massachusetts Infantry Regiment cited their battle honors and high casualty numbers as proof of their fighting prowess. After the war ended, veterans produced hundreds of regimental histories, recounting their battle service and seeking to claim a place in history. Although many historians dismiss these accounts as worthless for serious scholarly research, regimental histories offer rich firsthand accounts of the conflict. They also offer a vehicle for narrating the war in a form well familiar to the soldiers who experienced it.


Climate and Climate Change in Early America  

Matthew Mulcahy

European colonization of eastern North America and the Caribbean occurred against the backdrop of the Little Ice Age (LIA), a period between roughly 1300 and 1850 ce that witnessed generally colder conditions than in earlier and later centuries. Alone or in combination, shorter growing seasons associated with colder temperatures and periods of intense drought influenced Indigenous societies prior to the arrival of Europeans, interactions and conflicts between Europeans and Native Americans, and the development of colonial societies across the 16th, 17th, and 18th centuries. Farther south in the Caribbean region, climatic threats such as hurricanes and droughts created distinct challenges to colonists as they sought to establish large-scale plantations worked by enslaved Africans. Such threats forced Europeans to alter their expectations and perceptions of the climate in North America and the Caribbean. Following the principle that locations at the same latitude would have the same climate, Europeans had anticipated that places like Virginia would have a climate similar to Spain’s, but that was not the case. As they adjusted to new American climate realities, colonists remained confident they could change the climate for the better. Far from a threat, human-induced climate change seemed to many colonists a desirable goal, one that marked the degree to which they might improve and civilize the “wilderness” of the New World. However, colonists also became aware of some negative consequences associated with their activities.


Climate Change and the American City  

Andrew Hurley

American cities developed under relatively quiescent climatic conditions. A gradual rise in average global temperatures during the 19th and 20th centuries had a negligible impact on how urban Americans experienced the weather. Much more significant were the dramatic changes in urban form and social organization that meditated the relationship between routine weather fluctuations and the lives of city dwellers. Overcoming weather-related impediments to profit, comfort, and good health contributed to many aspects of urbanization, including population migration to Sunbelt locations, increased reliance on fossil fuels, and comprehensive re-engineering of urban hydrological systems. Other structural shifts such as sprawling development, intensification of the built environment, socioeconomic segregation, and the tight coupling of infrastructural networks were less directly responsive to weather conditions but nonetheless profoundly affected the magnitude and social distribution of weather-related risks. Although fatalities resulting from extreme meteorological events declined in the 20th century, the scale of urban disruption and property damage increased. In addition, social impacts became more concentrated among poorer Americans, including many people of color, as Hurricane Katrina tragically demonstrated in 2005. Through the 20th century, cities responded to weather hazards through improved forecasting and systematic planning for relief and recovery rather than alterations in metropolitan design. In recent decades, however, growing awareness and concern about climate change impacts have made volatile weather more central to urban planning.


The Clinton Scandals  

Clodagh Harrington

The Clinton scandals have settled in the annals of American political history in the context of the era’s recurrent presidential misbehavior. Viewed through a historical lens, the activities, investigation, and impeachment trial of the forty-second president are almost inevitably measured against the weight of Watergate and Iran-Contra. As a result, the actions and consequences of this high-profile moment in the late-20th-century political history of the United States arguably took on a weightier meaning than it might otherwise have. If Watergate tested the U.S. constitutional system to its limits and Iran-Contra was arguably as grave, the Clinton affair was crisis-light by comparison. Originating with an investigation into a failed 1970s Arkansas land deal by Bill Clinton and his wife, the saga developed to include such meandering subplots as Filegate, Travelgate, Troopergate, the death of White House counsel Vince Foster, and, most infamously, the president’s affair with a White House intern. Unlike Richard Nixon and Ronald Reagan, even Bill Clinton’s most ardent critics could not find a national security threat among the myriad scandals linked to his name. By the time that Justice Department appointee Robert Fiske was replaced as prosecutor by the infinitely more zealous Kenneth Starr, the case had become synonymous with the culture wars that permeated 1990s American society. As the Whitewater and related tentacles of the investigation failed to result in any meaningfully negative impact on the president, it was his marital infidelities that came closest to unseating him. Pursued with vigor by the Independent Counsel, his supporters remained loyal as his detractors spotted political opportunity via his lapses in judgment. Certain key factors made the Clinton scandal particular to its era. First, in an unprecedented development, the personal indiscretion aspect of the story broke via the Internet. In addition, had the Independent Counsel legislation not been renewed, prosecutor Fiske would likely have wrapped up his investigation in a timely fashion with no intention of pursuing an impeachment path. And, the relentless cable news cycle and increasingly febrile partisan atmosphere of the decade ensured that the nation remained as focused as it was divided on the topic.


Cold War in the American Working Class  

Rosemary Feurer

The US working class and the institutional labor movement was shaped by anticommunism. Anticommunism preceded the founding of the Soviet Union and the Cold War, and this early history affected the later experience. It reinforced conservative positions on union issues even in the period before the Cold War, and forged the alliances that influenced the labor movement’s direction, including the campaign to organize the South, the methods and structures of unions, and US labor’s foreign policy positions. While the Communist Party of the USA (CP) was a hierarchical organization straitjacketed by an allegiance to the Soviet Union, the unions it fostered cultivated radical democratic methods, while anticommunism often justified opposition to militancy and obstructed progressive policies. In the hottest moments of the postwar development of domestic anticommunism, unions and their members were vilified and purged from the labor movement, forced to take loyalty oaths, and fired for their association with the CP. The Cold War in the working class removed critical perspectives on capitalism, reinforced a moderate and conservative labor officialdom, and led to conformity with the state on foreign policy issues.


Communism and the Labor Movement  

Randi Storch

Communist activists took a strong interest in American trade unions from the 1920s through the 1950s and played an important role in shaping the nature of the American union movement. Initial communist trade union activism drew upon radical labor traditions that preceded the formation of the American Communist Party (CPUSA). Early communist trade unionists experimented with different types of structures to organize unorganized workers. They also struggled with international communist factionalism. Communist trade unionists were most effective during the Great Depression and World War II. In those years, communist activists helped build the Congress of Industrial Organizations (CIO) and bring industrial unionism to previously unorganized workers. Throughout the history of communist involvement in the US labor movement, international communist policy guided general organizing strategies. Shifts in international policy, such as the announcement of a Soviet non-aggression pact with Germany, proved politically difficult to navigate on the local level. Yet, Left-led unions proved to be more democratically run and focused on racial and gender equality than many of those without communist influence. Their leadership supported social justice and militant action. The Cold War years witnessed CIO purges of Left-led unions and federal investigations and arrests of communist trade unionists. Repression from both within and without the labor movement as well as the CPUSA’s own internal policy battles ultimately ended communist trade unionists’ widespread influence on American trade unions.


Communist Party USA, 1919 to 1957  

James R. Barrett

The largest and most important revolutionary socialist organization in US history, the Communist Party USA was always a minority influence. It reached considerable size and influence, however, during the Great Depression and World War II years when it followed the more open line associated with the term “Popular Front.” In these years communists were much more flexible in their strategies and relations with other groups, though the party remained a hierarchical vanguard organization. It grew from a largely isolated sect dominated by unskilled and unemployed immigrant men in the 1920s to a socially diverse movement of nearly 100,000 based heavily on American born men and women from the working and professional classes by the late 1930s and during World War II, exerting considerable influence in the labor movement and American cultural life. In these years, the Communist Party helped to build the industrial union movement, advanced the cause of African American civil rights, and laid the foundation for the postwar feminist movement. But the party was always prone to abrupt changes in line and vulnerable to attack as a sinister outside force because of its close adherence to Soviet policies and goals. Several factors contributed to its catastrophic decline in the 1950s: the increasingly antagonistic Cold War struggle between the Soviet Union and the United States; an unprecedented attack from employers and government at various levels—criminal cases and imprisonment, deportation, and blacklisting; and within the party itself, a turn back toward a more dogmatic version of Marxism-Leninism and a heightened atmosphere of factional conflict and purges.


Community-Based Organizations  

Amanda I. Seligman

Community-based organizations (CBOs) have been and remain a common vehicle for delivering services and promoting local improvement in the United States. CBOs were a subset of voluntary organizations, which the 19th-century French observer Alexis de Tocqueville saw as central to American democracy. They complemented the work of government. Since at least the 19th century, in US history, people have formed, joined, and volunteered for CBOs. However, historians have often taken for granted the existence of specific organizations and have not done much to explain them as a general phenomenon. CBOs are often treated as relevant actors in historical scholarship, but their larger institutional and collective history awaits a new synthesis. Historians should begin by explaining the development of different kinds of CBOs. The main types of CBOs are social service organizations, autonomous organizations, networked organizations, and Alinsky-style organizations CBOs. Settlement houses were the most visible form of social service organizations in the 19th century. Among membership organizations, two types predominated: CBOs whose individual histories were primarily autonomous and those that were formally allied with other similar groups. Some connected groups were created within a network, and others developed relationships as they grew. The work of Saul Alinsky (1909–1972), often considered the “father of community organizing” in the United States, was particularly important. Alinsky practiced and promulgated a form of professional organizing that centered on identifying local leaders and helping them create sustainable, power-oriented CBOs.


Company Towns in the United States  

Hardy Green

Company towns can be defined as communities dominated by a single company, typically focused on one industry. Beyond that very basic definition, company towns varied in their essentials. Some were purpose-built by companies, often in remote areas convenient to needed natural resources. There, workers were often required to live in company-owned housing as a condition of employment. Others began as small towns with privately owned housing, usually expanding alongside a growing hometown corporation. Residences were shoddy in some company towns. In others, company-built housing may have been excellent, with indoor plumbing and central heating, and located close to such amenities as schools, libraries, perhaps even theaters. Company towns played a key role in US economic and social development. Such places can be found across the globe, but America’s vast expanse of undeveloped land, generous stock of natural resources, tradition of social experimentation, and laissez-faire attitude toward business provided singular opportunities for the emergence of such towns, large and small, in many regions of the United States. Historians have identified as many as 2,500 such places. A tour of company towns can serve as a survey of the country’s industrial development, from the first large-scale planned industrial community—the textile town of Lowell, Massachusetts—to Appalachian mining villages, Western lumber towns, and steelmaking principalities such as the mammoth development at Gary, Indiana. More recent office-park and high-tech industrial-park complexes probably do not qualify as company towns, although they have some similar attributes. Nor do such planned towns as Disney Corporation’s Celebration, Florida, qualify, despite close ties to a single corporation, because its residents do not necessarily work for Disney. Company towns have generally tended toward one of two models. First, and perhaps most familiar, are total institutions—communities where one business exerts a Big Brother–ish grip over the population, controlling or even taking the place of government, collecting rent on company-owned housing, dictating buying habits (possibly at the company store), and even directing where people worship and how they may spend their leisure time. A second form consists of model towns—planned, ideal communities backed by companies that promised to share their bounty with workers and families. Several such places were carefully put together by experienced architects and urban planners. Such model company towns were marked by a paternalistic, watchful attitude toward the citizenry on the part of the company overlords.


Congo/Zaire-US Relations  

Lise Namikas

At the dawn of the 20th century, the region that would become the Democratic Republic of Congo fell to the brutal colonialism of Belgium’s King Leopold. Except for a brief moment when anti-imperialists decried the crimes of plantation slavery, the United States paid little attention to Congo before 1960. But after winning its independence from Belgium in June 1960, Congo suddenly became engulfed in a crisis of decolonization and the Cold War, a time when the United States and the Soviet Union competed for resources and influence. The confrontation in Congo was kept limited by a United Nations (UN) peacekeeping force, which ended the secession of the province of Katanga in 1964. At the same time, the CIA (Central Intelligence Agency) intervened to help create a pro-Western government and eliminate the Congo’s first prime minister, Patrice Lumumba. Ironically, the result would be a growing reliance on the dictatorship of Joseph Mobutu throughout the 1980s. In 1997 a rebellion succeeded in toppling Mobutu from power. Since 2001 President Joseph Kabila has ruled Congo. The United States has supported long-term social and economic growth but has kept its distance while watching Kabila fight internal opponents and insurgents in the east. A UN peacekeeping force returned to Congo and helped limit unrest. Despite serving out two full terms that ended in 2016, Kabila was slow to call elections amid rising turmoil.


The Constitution of the United States and Foreign Relations  

Martin S. Flaherty

Foreign relations under the US Constitution starts with the paradox, also seen in domestic matters, of relatively scant text providing guidance for the exercise of vast power. Founding understandings, structural inference, and ongoing constitutional custom and precedent have filled in much, though hardly all, of the framework over the course of two hundred years. As a result, two basic questions frame the relationship between the Constitution and US foreign policy: (1) which parts of the US government, alone or in combination, properly exercise authority in the making of foreign policy; and (2) once made, what is the status of the nation’s international legal obligations in the US domestic legal system. The making of American foreign policy is framed by the Constitution’s commitment to separation of powers. Congress, the president, and the courts are all allocated discrete yet significant foreign affairs authority. Determining the exact borders and overlaps in areas such as the use of military force, emergency measures, and treaty termination continues to generate controversy. The status of international law in the US legal system in the first instance turns on whether resulting obligations derive from agreements or custom. The United States enters into international agreements in three ways: treaties, congressional-executive agreements, and sole executive agreements. Complex doctrine deals with the domestic applicability of treaties in particular. US courts primarily apply customary international law in two basic ways. They can exercise a version of their common lawmaking authority to fashion rules of decision based on international custom. They also apply customary international law when incorporated into domestic law by statute.