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Medellin, The President’S Foreign Affairs Power And Domestic Law, Arthur M. Weisburd
Medellin, The President’S Foreign Affairs Power And Domestic Law, Arthur M. Weisburd
Arthur M. Weisburd
In this article, Professor Weisburd explores the implications of Medellín v. Texas for the President’s authority to affect domestic law through reliance on his authority to conduct the foreign affairs of the United States. He argues that the Court was correct to reject arguments that, on the facts of the case, the President could look to a delegation of authority from Congress or from the Senate as treaty-maker, or that President could treat the matter as resting on his power to settle claims against foreign governments, or that the President’s obligation to “take care that the laws be faithfully executed” …
The International Court Of Justice And The Concept Of State Practice, Arthur M. Weisburd
The International Court Of Justice And The Concept Of State Practice, Arthur M. Weisburd
Arthur M. Weisburd
State practice is an important element of international law, both as a key component of customary international law and as a crucial tool for interpreting treaties. In this paper, Professor Weisburd seeks to show that there are important flaws in the application of state practice by the International Court of Justice. The Court has relied on actual practice to determine the content of customary rules surprisingly rarely, frequently basing its conclusions instead on non-binding actions by international bodies or on its own decisions. It has reached decisions in some cases clearly inconsistent with significant and relevant state practice and in …