The extent to which US law of various kinds may be affected by international law is a topic we have previously discussed on this list. I don't know the details or context of the particular resolution cited below, but if UN General Assembly resolutions are viewed by some as creating international law, that is one more reason to resist incorporation of international law into our domestic legal regime.
International law experts do not generally consider GA resolutions to be binding expressions of international law, do they? In light of the irresponsible and reprehensible resolutions often adopted by the GA, I certainly hope not. Mark S. Scarberry Pepperdine University School of Law -----Original Message----- From: Francisco Martin [mailto:[EMAIL PROTECTED] Sent: Monday, June 09, 2003 10:58 AM To: [EMAIL PROTECTED] Subject: Re: self-rule Prof. Gonzalez writes: [snip] > Would international law recognize a right of Puerto Ricans to nullify its > current ties with the U.S.? Comment: Probably yes under international law. See UN Gen. Assembly Resolution 748(VIII). Section 9 of that resolution expressly recognized that further self-determination would take place in Puerto Rico "in the eventuality that EITHER of the parties to the mutually agreed association [between the US and PR) may desire any change in the terms of this association." (emphasis provided) But, I do not know if there have been any subsequent international law relevant to the issue. [snip] Francisco Forrest Martin
