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'Medellin' Ruling May Be Bad for Business

By standdown

That's the title of Marcia Coyle's report in this week's National Law Journal.  LINKThe international environment for American business is difficult today and the recent U.S. Supreme Court decision on the unenforceability of World Court judgments doesn't make it any easier, according to at least one veteran international litigator. A 6-3 high court on March 25 held that the so-called Avena decision by the International Court of Justice (ICJ) was not directly enforceable federal law that overrode state limits on the filing of habeas corpus petitions by 51 Mexican death row inmates. The United States had agreed to comply with the ICJ as its obligation under an international treaty. The majority essentially held that the treaties in which the Avena judgment was grounded were not "self executing" and required implementing legislation by Congress to be enforceable as domestic law...continue to full post

Full post as published by StandDown Texas Project on March 31, 2008 (boomark / email).