Court to Court

In: American journal of international law: AJIL, Band 92, Heft 4, S. 708-712

Abstract

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.