Friday, May 21, 2010

New Essay: D.H. Moore, Medellín, the Alien Tort Statute, and the Domestic Status of International Law, Virginia J. Int'l L. (2010)

The Supreme Court’s landmark decision in Medellín has predictably generated debate regarding its significance for the domestic role of treaties.  Medellín’s import, however, reaches farther than the literature has acknowledged. The decision diminishes prospects for ATS litigation based on violations of treaties by undercutting the number of treaties that may be judicially enforced at the behest of private individuals. The decision also limits ATS litigation based on breaches of CIL by reducing the number of treaties that may provide evidence of actionable CIL norms.  More...

See Moore's blog post at: