...the US statute, and also allowed the jurors to take into account the “totality of the circumstances” concerning the nationality question, was in error. Alito concluded the instruction was in error because the statute did not include the “exhaustive definition” of “vessel without nationality” and that therefore international law should have been incorporated: “Where Congress uses
terms that have accumulated settled meaning under either equity or the common law, a court must infer, unless the statute otherwise dictates, that Congress means to incorporate the established meanings of these
terms.” NLRB...