Treaties as Domestic Law in the United States
Washburn University School of Law
PROGRESS IN INTERNATIONAL LAW, Russell A. Miller & Rebecca M. Bratspies, eds., Martinus Nijhoff Press, 2008
As part of a book reflecting on "Progress in International Organization" in celebration of the 75th anniversary of Manley Hudson's classic book of that name, this chapter explores the extent to which treaties constitute domestic law in the United States. Against the background of the constitutional status of treaties, including analysis of relevant case law from Missouri v. Holland through Hamdi v. Rumsfeld, the chapter explores the jurisprudence of the U.S. Supreme Court and the International Court of Justice on treaty interpretation. The focus is on modern cases, such as Hamdan v. Rumsfeld and Rasul v. Bush, culminating with a thorough treatment of the line of cases from both courts concerning the Vienna Convention on Consular Relations, including Medellin v. Dretke and Sanchez-Llamas v. Oregon. The chapter concludes that the U.S. Supreme Court has been inordinately reluctant to defer to judgments of the International Court of Justice.
Number of Pages in PDF File: 25
Keywords: treaty, interpretation, international law, deference, Hamdi, Hamdan, Rumsfeld, Rasul, Vienna Convention, Medellin, Sanchez-Llamas, Bustillo, International Court of Justice, Missouri v. Holland
JEL Classification: K33Accepted Paper Series
Date posted: January 27, 2007 ; Last revised: July 30, 2008
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