Abstract

http://ssrn.com/abstract=1149881
 


 



Application of International Human Rights Law in State and Federal Courts


Constance De la Vega


University of San Francisco School of Law

Kathryn J. Burke


affiliation not provided to SSRN

Sandra COLIVER


affiliation not provided to SSRN

Stephen Rosenbaum


University of California, Berkeley - School of Law; University of Washington - School of Law

January 1, 1983

Texas International Law Journal, Vol. 18, No. 2, 1983

Abstract:     
This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.

State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a party. But because the United States ratified few human rights treaties, protection of human rights in this manner has proved difficult. Nonetheless, federal and state court decisions have provided promising precedents for additional applications of human rights law. This article identifies two significant developments: federal courts have held that allegations of violation of customary international law state a cause of action; and federal and state courts have relied upon international human rights laws and standards to defend and expand individual rights. This article addresses the developments in these cases and in cases involving direct application of human rights treaties.

Number of Pages in PDF File: 38

Keywords: international human rights, federal courts, state courts, customary international law, treaties, individual rights

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Date posted: June 23, 2008  

Suggested Citation

de la Vega, Constance and Burke, Kathryn J. and COLIVER, Sandra and Rosenbaum, Stephen, Application of International Human Rights Law in State and Federal Courts (January 1, 1983). Texas International Law Journal, Vol. 18, No. 2, 1983. Available at SSRN: http://ssrn.com/abstract=1149881

Contact Information

Constance De la Vega (Contact Author)
University of San Francisco School of Law ( email )
2130 Fulton Street
San Francisco, CA 94117
United States
Kathryn J. Burke
affiliation not provided to SSRN
Sandra COLIVER
affiliation not provided to SSRN
Stephen A. Rosenbaum
University of California, Berkeley - School of Law
215 Boalt Hall
Berkeley, CA 94720-7200
United States
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States
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