(DOWNLOAD) "International Adjudicators and Judicial Independence (International Rule of Law)" by Harvard Journal of Law & Public Policy * eBook PDF Kindle ePub Free
eBook details
- Title: International Adjudicators and Judicial Independence (International Rule of Law)
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 264 KB
Description
What are the consequences to the United States legal system of the decisions of adjudicatory tribunals acting pursuant to treaties and other international agreements to which the United States is a party? This question and its variants are likely to increase in importance as the number and significance of international adjudicatory tribunals will probably continue to increase. This Article will advance one argument supporting the position that adjudicatory tribunal decisions, including, for example, those of the International Court of Justice ("ICJ"), have, of their own force, no effect in domestic law, even when they are made pursuant to international agreements to which the United States is a party. I will thus be supporting the dualistic position adopted by Professor Curtis Bradley, who maintains that, as a general matter, treaty-empowered international bodies can bind the United States only as a matter of international, not domestic, law. (1) My argument is less general than Professor Bradley's in that it applies specifically to treaty-empowered adjudicatory bodies. Although this argument is thus somewhat specialized, I believe that the structural feature of the Constitution on which it rests is both fundamental and of substantial interest.
 "International Adjudicators and Judicial Independence (International Rule of Law)" by Harvard Journal of Law & Public Policy * eBook PDF Kindle ePub Free){kind=link}