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ISSN: 0965-6626
In: American journal of international law: AJIL, Volume 92, Issue 4, p. 708-712
ISSN: 2161-7953
Leave aside the question whether the indication of provisional measures by the International Court of Justice in the Breard case was binding on the United States as a matter of international or domestic law. Scholars will continue to differ on this question; government decision makers will reach their own conclusions. Leave aside that the state of Virginia violated a solemn treaty obligation, a treaty that the Supreme Court is obliged to uphold as the supreme law of the land. Without denigrating the power of these arguments, a less contentious case can be made for the granting of a stay—a case based less on compulsion than on civility.
In: American journal of international law, Volume 92, Issue 4, p. 708-712
ISSN: 0002-9300