Germany’s Highest Court Rejects Sanchez-Llamas; Incorporates Obligation to Follow ICJ Interpretations
Last summer, the U.S. Supreme Court decided Sanchez-Llamas v. Oregon, which resulted in the U.S. Supreme Court refusing to follow an ICJ treaty interpretation, even though the ICJ had compulsory jurisdiction to interpret that treaty. A few months later, Germany's highest constitutional court (the Bundesverfassungsgericht) resolved a similar conflict between domestic and ICJ interpretations by following the ICJ. ...