Revitalizing the U.S. Compliance Power

13 Pages Posted: 22 Feb 2013

See all articles by Steve Charnovitz

Steve Charnovitz

George Washington University - Law School

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

Charnovitz, Steve, Revitalizing the U.S. Compliance Power (2008). 102 American Journal of International Law 551 (2008), GWU Legal Studies Research Paper No. 2013-14, GWU Law School Public Law Research Paper No. 2013-14, Available at SSRN: https://ssrn.com/abstract=2221566

Steve Charnovitz (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

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