New Thread: Int'l Law

[Francisco Forrest Martin]

Prof. Goldstein wrote:
"It is my understanding , confirmed by what the Prof. from Columbia Law School posted, I think, that contemporary U.S. law , unlike some decisions from the early nineteenth century that Tom Grey has written about , does not recognize international law or jus cogens as a grounds for courts to invalidate statutes.  This statement does not of course apply to specific treaties we have signed , suchas WTO, NAFTA, etc."

I suggest that you refer to my later postings on this subject.  Customary international law and jus cogens CAN trump federal statutes.

Francisco Forrest Martin
Ariel F. Sallows Professor in Human Rights
University of Saskatchewan College of Law