president and treaty powers

[Francisco Forrest Martin]

Prof. Golove wrote:
"[A]lthough the Supreme Court may never have considered the case of a multilateral treaty, the lower courts surely have (the Diggs case
in the DC Circuit for example), and there is very little reason to expect a different result should a case raising the issue ever go to the Court."

Are you referring to Diggs v. Schultz or Diggs v. Richardson (or another case)?  Either way, neither case dealt with multilateral treaties -- only General Assembly and Security Council Resolutions.

"Professor Martin's approach may or may not be desirable, but it
is far more reformist than status quo in spirit."

I probably agree with this statement -- except for the area of jus cogens in light of Ctte of US Citizens Living in Nicaragua v. Reagan.

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