Discussion: Interpreting in International Courts and Tribunals

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The first article analyzes the enforcement of international law in U.S. courts (the most easily accessed for U.S. citizens living domestically). With direct private rights of actions in domestic courts having been called into question, what is the best way for the domestic court to allow treaties to be used? The authors describe three methods: indirect enforcement, defensive enforcement, and interpretive enforcement. The second article discusses the enforcement, or lack thereof, of international law on an international scale.

Discuss

  • Does the use of the suggested domestic methods place too much power to the courts thereby granting them powers outside that set forth in the Constitution?
    • Why or why not?
  • Should the decision as to whether international law is enforceable domestically rest with Congress?
    • The President?
    • Evaluate the three methods for constitutionality.
  • Is international enforcement any more effective?
    • Discuss the pros and cons of both domestic and international enforcement.

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