Can an earlier treaty (or

[Francisco Forrest Martin]

Prof. Scarberry wrote: "At the risk of repeating something perhaps said earlier, of course there aretimes when the courts cannot remedy a violation by the US Congress of what the courts might consider to be binding law. There is still some scope for the political question doctrine. Its broadest scope probably is in matters of international or foreign affairs, the same subject matter of most international law."

Actually, the subject matter of most international law today is probably human rights if measured in terms of the number of instruments (global and regional) and cases.  International human rights law is mostly concerned with transnational rights -- not really inter-national rights.  The political question doctrine probably is most (only?) appropriate in the inter-national context (see, Goldwater v. Carter).  Furthermore, the issue of the relief sought is relevenat. If the relief sought is only money damages, than the case is justiciable. See Scheuer v. Rhodes.

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