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11 Lewis & Clark L. Rev. [i] (2007)

handle is hein.journals/lewclr11 and id is 1 raw text is: Lewis & Clark Law Review VOLUME 11 SPIUNG 2007 NUMBER 1 PAPER SYMPOSIUM DOMESTIC ENFORCEMENT OF PUBLIC INTERNATIONAL LAW AFTER SANCHEZ-LLAMAS V. OREGON INTRODUCTION Sanchez-Llamas in Context John T Parry .................................................. SYMPOSIUM ARTICLES Sanchez-Llamas v. Oregon: Stepping Back from the New World Court Order Julian G . K u ................................................... 17 Over the past few decades, international law scholars and advocates have widely supported the use of domestic United States courts to independently enforce and implement international tribunal judg- ments, even over the opposition of the President. The Supreme Court's decision in Sanchez-Llamas v. Oregon represents a potentially serious setback for this burgeoning movement. This contribution defends and elaborates the reasons for the Court's refusal in Sanchez- Llamas to give effect to judgments of an international tribunal absent a clear and explicit authorization by Congress or the Senate. Sanchez-Llamas v. Oregon: The Glass is Half Full Janet Koven Levit ......................................... 29 Although the Supreme Court's recent decision in Sanchez-Llamas v. Oregon limited the remedies available under the Vienna Convention, all is not lost. First, by avoiding the question of the judicial enforceabil- ity of the treaty, the Court fundamentally preserved a role for courts in vindicating Vienna Convention transgressions. State courts, often the foreign national's initial touch point with the criminal justice system, will thus remain a significant venue for Vienna Convention claims. However, international legal scholars and practitioners often neglect the role of state courts in the making and enforcing of international law. Thus, the international legal community should focus additional attention on educating state court judges, as well as preparing practi- tioners to address such international issues that will inevitably arise in state court. Second, while the Sanchez-Llamas Court eliminated some criminal remedies, it did not curtail civil remedies that might be avail- able for foreign nationals who have not been afforded Vienna Conven- tion protections. Third, diffuse transnational legal processes, involving a multitude of judicial and non-judicial actors, have helped entrench Vienna Convention rights over the past decade; in maintaining a role for the judiciary and thus preserving the underlying institutional status

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