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2009

International Law

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Delegations

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Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge Oct 2009

Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge

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The case of Medellin v. Texas presented the Supreme Court with a recurring question that has bedeviled judges, legal scholars, and political scientists-what effect, if any, must a United States court give to the decision of an international tribunal, particularly where, during the relevant time, the United States was party to a treaty protocol that bound it to that tribunal's judgments. While the Supreme Court held that the International Court of Justice's ("ICJ") decision was not enforceable federal law, its decision reflected an important recognition that the issues presented in that case were not limited to the specific area of …