The constitutional responsibility of Congress for military engagements

Article Abstract:

Congressional participation is needed to establish new foreign policy principles in the uncertain post-Cold War era, as the case of planned U.S. intervention in Haiti demonstrates. A letter from Assistant Attorney General Walter Dellinger delineates the Clinton Administration's position that congressional approval was not required for the planned military operation in Haiti. Dellinger maintains that such an operation had already been authorized by Congress, that it would have been in compliance with the War Powers Resolution and that it did not meet the constitutional definition of 'war.' However, the arguments are not convincing.

Political aspects, United States foreign relations, Powers and duties, United States. Congress, Haiti, War and emergency powers, Haitian foreign relations, Intervention (International law), Military intervention

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The justiciability of Paraguay's claim of treaty violation

Article Abstract:

The US government's assertion in Breard v. Greene and Paraguay v. Allen that it was improper to hear the claims of the Vienna Convention on Consular Relations in a US court fails to honor international law. The US should have encouraged both domestic and international courts to proceed with hearings on the matter. The outcome may have resolved the dispute between, and honored the rules of law, for both courts. The case involved a Paraguayan convicted of murder in a Virginia state court.

Interpretation and construction, Treaties, Conflict of laws, Jurisdiction

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The election of Thomas Buergenthal to the International Court of Justice

Article Abstract:

The author discusses the process involving the election of US judge Thomas Buergenthal to the International Court of Justice.

International, Officials and employees, Judges, Appointments, resignations and dismissals, International Court of Justice (The Hague, Netherlands), Buergenthal, Thomas

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