Sunday, March 25, 2012

Sei Fujii v. California case brief

Sei Fujii v. California (California 1952, p. 179)
  • Sei Fujii sues CA b/c he land was escheated b/c he was ineligible for citizenship (Alien Land Law). relies on the UN Charter that states that human rights and fundamental freedoms will be observed w/o distinction to race.
  • Holding: Ct says the UN Charter is not self-executing.
  • Ct looks to the intent of the parties to determine if it is self-executing (as manifested by the treaty language and if that isn’t clear, as manifested by the circumstances surrounding the treaty’s execution).
  • Ct said the Charter wasn’t b/c they state general purposes/objectives and do not purport to impose legal obligations. It is clear that these contemplated future legislative action. This is further evidence b/c other areas made it clear that those provisions were self-executing.
  • The court shot down the law based on the 14th Amendment, however.
  • Provisions of the UN Charter are more like aspirational treaties, which aren’t binding but are hoped to be complied w/ by most nations.

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