Wisconsin
How Aguirre v. United States applies in Wisconsin: state-specific rules, key cases, and bar exam notes for International Law.
Wisconsin generally follows federal principles regarding international law as articulated in Aguirre v. United States. The state acknowledges the supremacy of international agreements under the Constitution but also emphasizes adherence to state-specific legislative frameworks in matters of foreign relations.
Wisconsin courts apply the doctrine of incorporation, recognizing international treaties and customary international law as valid sources of law unless contradicted by state law.
Held that non-compliance with international treaties could be grounds for review when state law applies, emphasizing the balance between international commitments and state interests.
Confirmed that state actions must align with international norms set out in treaties, reaffirming the binding nature of international obligations.
Ruled that treaties that are self-executing can be invoked directly in state courts, reinforcing Wisconsin's adherence to international law.
Wisconsin's approach largely mirrors the federal standard by recognizing the supremacy of international law, but it uniquely integrates state interpretations and applications. While federal courts interpret international law broadly, Wisconsin courts tend to scrutinize the legislative context more closely to ensure coherence with state interests.
Students should be familiar with the applicability of international law in state courts, particularly regarding incorporation principles and how state-specific cases interpret these doctrines.