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Less Than Zero?, Carlos Manuel Vázquez
Less Than Zero?, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Medellin v. Texas is the first case in which the Supreme Court has denied a treaty-based claim solely on the ground that the treaty relied upon was non-self-executing. In Foster v. Neilson, the only other case in which the Court had denied relief on this ground, the Court offered its view that the treaty was non-self-executing as an alternative ground for denying relief. The Court soon thereafter disavowed its conclusion that the treaty involved in Foster was non-self-executing, and, in the intervening years, it repeatedly declined invitations to deny relief on this or related grounds. Many observers thought that the …