A Tragi-Comedy of Errors Erodes Self-Execution of Treaties: Medellin v. Texas and Beyond

22 Pages Posted: 9 Jun 2012

See all articles by John Bernard Quigley

John Bernard Quigley

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: June 8, 2012

Abstract

In Medellin v. Texas (2008), the U.S. Supreme Court further mystified the already ambiguous doctrine of self-execution of treaty provisions that create rights for individuals. Lower court self-execution decisions since Medellin suggest that, at least in certain classes of cases, the potentially broad language in Medellin that appears to restrict self-execution is being ignored.

Keywords: treaties, self-execution, Supremacy Clause

JEL Classification: K33

Suggested Citation

Quigley, John Bernard, A Tragi-Comedy of Errors Erodes Self-Execution of Treaties: Medellin v. Texas and Beyond (June 8, 2012). Ohio State Public Law Working Paper No. 170, Available at SSRN: https://ssrn.com/abstract=2080130 or http://dx.doi.org/10.2139/ssrn.2080130

John Bernard Quigley (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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