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University of Michigan Law School

Michigan Law Review

Enforcement

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Full-Text Articles in Law

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith Jun 2017

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …


International Law: Process And Prospect, Linda A. Shoemaker May 1988

International Law: Process And Prospect, Linda A. Shoemaker

Michigan Law Review

A Review of International Law: Process and Prospect by Anthony D'Amato


The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel Apr 1986

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart


The Right Of States To Use Armed Force, Oscar Schachter May 1984

The Right Of States To Use Armed Force, Oscar Schachter

Michigan Law Review

When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …


International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed. Apr 1950

International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.

Michigan Law Review

The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.