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Full-Text Articles in Law
International Law In Domestic Courts, David Sloss, Michael Van Alstine
International Law In Domestic Courts, David Sloss, Michael Van Alstine
Faculty Publications
The central premise of this volume is that the relationship of law and politics in international law varies depending on the sites where the relationship unfolds. In this chapter, we analyze that premise in the creation, interpretation, recognition, implementation and modification of international norms in domestic courts. We will explain, however, that beyond these ‘stages of governance,’ a decisive factor in explaining the engagement of domestic courts with international law is the nature of the legal rule at issue. Specifically, our analysis demonstrates that the willingness of domestic courts to view an international issue as one of law, not politics, …
Judging International Judgments, Mark L. Movsesian
Judging International Judgments, Mark L. Movsesian
Faculty Publications
What effect should rulings of international courts have in domestic courts? In the U.S., debate has centered on a series of rulings by the International Court of Justice (ICJ) on the application of the Vienna Convention on Consular Relations (VCCR). The VCCR, a multilateral treaty that the United States ratified in 1969, grants foreign nationals the right to seek the assistance of their consulates in the event that local authorities arrest them. An Optional Protocol to the VCCR gives the ICJ jurisdiction over disputes relating to the interpretation and application of the treaty. Since the late 1990s, the ICJ repeatedly …