Is Another Treaty Question Headed to the Supreme Court?
Is there a private right of action under the Hague Convention on the Civil Aspects of International Child Abduction? The Fourth Circuit said no in 2006, the Second Circuit now says yes, in an opinion released on Monday (the case is Ozaltin v. Ozaltin; Reuters recap here). Sounds like SCOTUS will have to take the question. Attention student note writers!
This may be a matter of small-bore treaty interpretation — how to apply implementing legislation in light of the treaty text, particulars good for this train and time only. But one might wonder if recent history makes it a little more freighted than that, after the Court skipped around the private-rights issue through the VCCR litigation in Sanchez-Llamas and Medellin. Could this be yet another vehicle for the Court in its campaign to obstruct the insinuation of international law?