St. Thomas Law Review
First Page
25
Document Type
Article
Abstract
This note will explore the Vienna Convention and determine through a systematic approach to treaty interpretation whether the VCCR creates judicially enforceable rights. Part II will present a background of the Vienna Convention, and will discuss how this treaty has previously been interpreted by the Supreme Court of the United States and the International Court of Justice ("ICJ"). Part III will provide a statement of the facts, the procedural history, and the Supreme Court's holding in Sanchez-Llamas. Part IV will analyze the Vienna Convention's text, the Executive Branch's interpretation of the treaty, the travaux preparatoires, the VCCR's ratification process, and how other states have domestically implemented the international agreement. This section will detail the overwhelming evidence that the Supreme Court could utilize in order to rule that the VCCR does not create individual enforceable rights.
Recommended Citation
Steven G. Stransky,
Sanchez-Llamas v. Oregon: A Missed Opportunity in Treaty Interpretation,
20
St. Thomas L. Rev.
25
(2007).
Available at:
https://scholarship.stu.edu/stlr/vol20/iss1/4