Delegation and Conflicts (of Law)

37 Pages Posted: 13 Sep 2009 Last revised: 4 Oct 2015

See all articles by Peter B. Rutledge

Peter B. Rutledge

University of Georgia School of Law

Date Written: September 11, 2009


The Supreme Court's recent decision in Medellin rekindled a long-standing debate over delegation, which concerns the legal effect given to the decisions of foreign bodies (like the International Court of Justice) in the United States. Drawing on conflicts-of-law principles, this paper identifies and seeks to correct three distortions in the debate. First, it broadens the definition of delegation. Second, it advances a more nuanced system for classifying different types of delegations. Third, it wades into the normative debate over the desirability of various delegations. The closing section draws a parallel between the strategies employed in Medellin to those employed in the EC to expand the reach of European law in Member States.

Suggested Citation

Rutledge, Peter B., Delegation and Conflicts (of Law) (September 11, 2009). George Mason Law Review, Forthcoming, UGA Legal Studies Research No. 09-018, Available at SSRN:

Peter B. Rutledge (Contact Author)

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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