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Jack L. Goldsmith, Should International Human Rights Law Trump U.S. Domestic Law?, 1 Chi. J. Int'l L. 327 (2000).


Abstract: The essay defends the U.S. from criticisms from the human rights community for its failure to make international human rights treaties a source of law in the domestic realm. The author explains the legal validity of the U.S. practice of not integrating the International Covenant of Civil and Political Rights (ICCPR) into the domestic realm under both international law and domestic constitutional law. A background of the ICCPR is also presented as well as its advantages and disadvantages for the U.S.