JURI 4640:
International Law I
The International Legal Process

Professor Bodansky, Fall 2003
University of Georgia School of Law

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CLASS 20:
The Relationship of National and International Law: Breard Case

Assignment

Read pages 253-58 and 278-93 of the Casebook. Along with the questions in the Casebook, consider the following questions:
  1. In the first half of the course, we studied a variety of international legal norms, including norms relating to criminal jurisdiction, arms control, human rights, environmental protection, diplomatic immunities, the law of the sea, and the law of war. Who has the primary role in implementing each of these norms at the national level:

    • the executive?
    • administrative agencies?
    • the legislature?
    • the courts?
    • individuals?

    Does international law require any particular method of national implementation?

  2. Is the United States a dualist or a monist country?

  3. In the Breard case, if the defendant had raised his Vienna Convention issue in a timely way, how should the Court have decided the case?

  4. If the International Court of Justice were to rule that, as a prophylactic measure, convictions should be overturned in cases where the defendant was not advised of his right of consular access under the Vienna Convention, should this change the result in Breard?