This is an extract of our International Human Rights Obligations Of The United States document, which we sell as part of our International Human Rights Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Human Rights Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
INTERNATIONAL HUMAN RIGHTS OBLIGATIONS OF THE UNITED STATES
INT'L LAW & U.S. LAW o US Constitution - Supremacy Clause
? All treaties made under authority of US, shall be the Supreme law of the land
* Judges in every state shall be bound thereby, anything in the Const. or laws of any state to the contrary notwithstanding o President signs - then ratifies after advice & consent of Senate (RUDs) o Ratified by U.S.
? CERD o After ratification, treaty enters into force after certain # of states ratify it o Self-executing
? Needs no enabling legislation o Non self-executing
? Needs enabling legislation for plaintiff to have cause of action in ct. o Medellin v. Texas
? Supreme Ct. held Vienna Convention on Consular Relations - not self-executing
? US has enacted enabling leg. For Genocide & Torture Con.
? US has made ICCPR & CERD non self-executing o If treaty is non self-executing, doesn't prevent P from citing the treaty or using the strong protective language interpretive guide or as customary law o Customary Int'l HRs Law
? Self-executing o Customary Int'l Law
? Part of our domestic law in absence of contrary federal statutes
? Has same status as treaty
? Courts must construe federal statutes to avoid conflict w/cust. law where possible o When act of Congress conflicts w/US treaty obligations - act controls o When treaty provision becomes part of US domestic law - inconsistent preexisting provisions in law or treaty are overruled (subsequent controls - last in time rule) o Exceptions to last in time rule
? When treaty rights have been executed or vested -
* Indirect incorporation exception (Sup. Clause)
* Rights under treaties - treaty terminated by war won't estinguish rights already vested under it
Buy the full version of these notes or essay plans and more in our International Human Rights Outlines.