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While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like virtually all General Assembly resolutions it has no binding effect under international law (the only General Assembly resolutions that are binding are about ...


26

The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in Challenging Conditions in U.S. Immigration Detention Centers, 23 BROOK. J. INT'L L. 271, 300 (1997) ("Since Congress has made its intent clear [by adopting ...


1

This is purely arbitrary and particular to a certain set of citation rules that you are studying that is used by a particular community of legal scholars. Some other sets of citation rules (there are probably half a dozen of them in all, at least) don't use square brackets and instead use round brackets in all circumstances (e.g. the Blue Book). There are ...


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