Posted by Eugene Volokh:
Treaties and Domestic Courts:
[1]Hofstra lawprof Julian Ku blogs in Opinion Juris in response to a
Wall Street Journal editorial:
Today's Wall Street Journal has an interesting, essentially right,
but somewhat overbroad editorial ($) on the upcoming Medellin case
before the Supreme Court.
Medellin, most of you no doubt recall, will consider the domestic
legal effect of an International Court of Justice judgment finding
the U.S. in violation of its treaty obligations under the Vienna
Convention on Consular Relations. In particular, the ICJ has
ordered the U.S. to provide review and reconsideration for
foreigners (particularly Mexicans) who were convicted of capital
crimes and sentenced to death but whose initial arrest violated
their treaty obligations. . . .
I'm not an expert on the subject, but if you're interested in it, read
[2]Julian's post for more details.
References
1.
http://lawofnations.blogspot.com/2005/02/domestic-enforceability-of-icj.html
2.
http://lawofnations.blogspot.com/2005/02/domestic-enforceability-of-icj.html
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