The status of customary international law in U.S. courts - before and after Erie.

From: Denver Journal of International Law and Policy | Date: August 6, 1998| Author: Bradley, Curtis A. | Copyright information

I. INTRODUCTION

The greatest weakness of international human rights law may be the lack of an effective enforcement mechanism. There is, to date, no general international criminal court. The jurisdiction of existing international tribunals, such as the International Court of Justice, often requires state consent, and the formal sanctions for noncompliance with the tribunals' decisions are often weak or nonexistent. Needless to say, the domestic courts of the alleged viol...

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