Revitalizing the U.S. Compliance Power
102 American Journal of International Law 551 (2008)
13 Pages Posted: 22 Feb 2013
Date Written: 2008
Abstract
This essay provides a commentary on Medellin v. Texas, where the Supreme Court invalidated a presidential memorandum directing states to comply with a judgment of the International Court of Justice. As a consequence of Medellin, the president and the courts may now at times be powerless to achieve compliance with a U.S. treaty. This essay considers how the U.S. compliance power can be revitalized after Medellin. Part I critiques the approach taken by the Court in Medellin and shows that there was an alternative interpretation of the United Nations Charter and the U.S. Constitution. Part II considers the implications of the majority, concurring, and dissenting opinions for future U.S. implementing legislation and treaty design.
Keywords: Compliance Power, United Nations Charter, U.S. Constitution, treaty design, Medellin v. Texas, International Court of Justice, implementing legislation, presidential memorandum, treaty compliance
JEL Classification: K33
Suggested Citation: Suggested Citation