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
Sanchez-Llamas in Context
John  T   Parry  ..................................................
Sanchez-Llamas v. Oregon: Stepping Back from the New World Court
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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