Brigham Young University (BYU) law professor David H. Moore gave a lecture focused on the relationship between international law and its domestic enforcement in the United States at the Eck Hall of Law on Thursday, sponsored by the Federalist Society for Law and Public Policy.Moore said there is a fundamental conflict between two concepts: the effectiveness of international law and the integrity of proper domestic governance.“In my opinion, the Supreme Court is trying to accommodate both concerns in their decisions,” Moore said.According to Moore, the primary sources of international law are treaties, which are formal legal agreements between nations, and customary international law, which consists of non-binding conventions that countries traditionally follow. Illustrating this distinction with an example, Moore said diplomatic immunity existed as a informal mutual agreement between countries before it was codified into law with formal treaties.Moore then explained the principle of self-execution. International law that is ratified by the U.S. must include a provision that specifies in what way it should be enforced to fulfill the standard of self-execution. Otherwise, Moore said, international law cannot be enforced in the U.S., absent of authorization from a branch of government.“However, a broad notion of non-self-execution violates the Supremacy Clause [of the Constitution],” Moore said. “This is because the Supremacy Clause states that formally ratified treaties must be treated as the law of the land.”Moore said the case of Medellin v. Texas demonstrates the principle of non-self-execution. Medellin, a convicted Mexican national on death row, appealed his conviction because Texas legal authorities failed to allow him to contact the Mexican consulate in accordance with the Vienna Convention on Consular Relations. The Supreme Court sided with Texas and decided that international treaties are not applicable to domestic law unless Congress implements an enforcement statute or the treaties include self-executing provisions.“There are two basic views on relationship between customary international law and federal common law,” Moore said.The modern position believes international law can be enforced to a large extent by the courts while the revisionist camp argues it can only be enforced as authorized by Congress or the executive branch.Moore referenced the case of Sosa v. Alvarez-Machain to show how the Supreme Court interprets these two views. The case involved a suspected cartel member who had been abducted to face murder charges by the U.S. Drug Enforcement Agency. The court held that an abducted foreign national could face prosecution, but the act of kidnapping itself might be a violation of international law and thus provide grounds for civil litigation under the Alien Tort Statute.“Most scholars see the court’s decision as a victory for the modern view, but I think they confuse two questions: whether Alien Tort Statute creates a cause of action and whether customary international law is federal common law in the absence of political branch intent,” Moore said.In fact, Moore said the court’s analysis actually endorses the revisionist position with its focus on Congressional intent and concern with separation of powers.“Academic commentary is out of step,” Moore said. “Incorporation [of international law] through the political branches is the appropriate direction.”Tags: David H. Moore, domestic governance, international law, Law
They are currently the only international force conducting night flight missions in Congo. By Dialogo June 11, 2013 This event is funded by Global Peacekeeping Operations Initiative (GPOI) in support of host nation mission requirements in Congo. The Uruguayan Air Force is assigned the combat and non-combat Search and Rescue and Personal Recovery mission. A group of 25 Uruguayan students participated (four from their navy, two from their Army, and 19 from their Air Force). The training covered all major aspects of personnel recovery, including incident evaluation and planning, communications, land navigation, and the use of military grid reference system. Six members of the U.S. Army South Personnel Recovery Coordination Cell completed a Personnel Recovery training on the first week of June, aimed at bolstering Uruguayan Air Force Peacekeeping Operation mission readiness in the areas of combat and non-combat Search and Rescue and Personnel Recovery.
BOONE, Iowa – The three honorary starters for last-chance Modified features have varying backgrounds in the military but share a passion for dirt racing in general and IMCA racing in particular.John Wailes of Fort Dodge, Trevor Baker of Omaha, Neb., and Mark Berglund of Clarksville will all wave the green flag on Saturday, Sept. 9 during the IMCA Speedway Motors Super Nationals fueled by Casey’s.Wailes, nominated by Curtis Lee of Hope For The Warriors, has served 15 years in the armed forces and currently serves with the Army Reserves. He deployed to Iraq in support of Operaton New Dawn in 2011.Baker, an IMCA Modified driver, has served for 12 years in the Nebraska Army National Guard. Baker and his mother Carrie were deployed together to Afghanistan during the Enduring Freedom campaign. Nominated by his mother, Baker’s father and two brothers have also served or are currently serving our country.Berglund served on five different ships and 20 different countries during his 20-year career in the U.S. Navy. Nominated by IMCA Modified driver Troy Cordes, he began attending Super Nationals in 1999 and hasn’t missed the event since.All three honorary starters will assist with the Saturday afternoon, Sept. 9 check presentation to Hope For the Warriors.Ankeny-based Casey’s General Stores, the presentation sponsor for Super Nationals, donates $10 for each heat race won by a Modified, Late Model, Stock Car, Hobby Stock, Northern SportMod, Southern SportMod or Sport Compact driver displaying a Casey’s decal between Sept. 4 and Sept. 8.IMCA will match that amount.Depending on the number of heat races held, Casey’s and IMCA officials will present a check to Hope For The Warriors President and CEO Robin Kelleher in front of the flagstand during a break in the Saturday race program.Hope For The Warriors is a national nonprofit organization founded in 2006 that assists post-9/11 service members, their families, and families of the fallen who have sustained physical and psychological wounds in the line of duty.The official convenience store of IMCA, Casey’s has supported Hope For The Warriors with previous fundraisers, including donations at Super Nationals every year since 2013.“The honorary starter program is a way to highlight the contributions and sacrifices some of our loyal race fans and drivers have provided our country,” said IMCA Marketing Director Kevin Yoder. “We could not be prouder to partner with Casey’s General Store and Hope For The Warriors to recognize these individuals.”
Lezama says that there are approximately 118 stations with an approximate vehicle fleet of 191 buses noting that the Kabah Corridor will connect important residential areas of high population density and commercial areas. She says that since this avenue has important attraction points, it will be the first stage implemented this year. Cancun, Q.R. — A city council meeting regarding transportation issues for Cancun has resulted in an favored vote for the creation of exclusive lanes in the city. In a second stage, the corridors Hotel Zone and Tulum will also be created beginning with Avenida Kabah on the corner of Arco Norte, carrying on to Cobá Avenue and Xcaret Avenue passing Boulevard Kukulcán and ending at kilometer 25. “It is historic and we are working toward social justice for the Benito Juárez people,” she added. Mara Lezama, mayor of Benito Juárez explained “The result is in favor of lanes for public service, which will come to improve the quality of life for all. She says that there will be three new corredores, Kabah, Hotel Zone and Tulum that will service the more than 182,000 public transport users per day with infrastructure consisting of approximately 94.3 kilometers of confined lanes in both directions. Lezama pointed out that this initiative is based on the demand of citizens in general to improve the issue of mobility and order in the public transportation system for Cancun. One of the new changes will be the addition of corredores, which will offer exclusive and confined public transport lanes for bus routes in the city. This new corridor will give attention to the Hotel Zone, especially to the personnel that work in the zone, while the Tulum corridor will begin on the avenue with 154th street and end on Kabah Avenue where the road distributor is located.Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on WhatsApp (Opens in new window)