The President’s Treaty Power
Enforcing International Court of Justice Decisions
Buy Full Issue$19.95Excerpt
(Excerpted from Supreme Court Debates, November 2007)
For the second year in a row, the Supreme Court addresses U.S. obligations under the Vienna Convention on Consular Relations and the power of the International Court of Justice (ICJ).
On June 28, 2006, the Court ruled in Sanchez-Llamas v. Oregon that even if foreign nationals are not informed of their right to contact their home country’s consulate following their arrest, evidence gathered prior to such notification is still admissible in court. The court decided this way despite the ICJ decision in the Case Concerning Avena and Other Mexican Nationals t…
In This Issue
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Foreword
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Opinion of the Court
A presidential memorandum cannot require a State court to consider international law when deciding whether to hear an appeal of a capital defendant.
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Case Background
The Vienna Convention and Supreme Court Precedent
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Lower Court Holding
Decision of the Texas Criminal Court of Appeals
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Before the Court Before the Court
The Justices Weigh in During Oral Arguments
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Pro & Con
Must State Courts Comply With the International Court of Justice’s Avena Judgment?
