Article 55 of U.N. Charter not self-executing
How later courts described this case
- Article 55 of U.N. Charter not self-executing
- provisions of U.N. Charter not self-executing
Written by the judges who cited it.
The opinion
EDELSTEIN, District Judge
(concurring).
I concur in the dismissal of the complaint.
Plaintiff has alleged six grounds as the basis for his claim to relief. As to the first four grounds, i. e., the Treaty of Paris, the Fourteenth Amendment, the Fifteenth Amendment and 42 U.S.C.A. § 1971 (a), and as to that portion of the fifth ground which refers to the Civil Rights Act of 1957, I agree that plaintiff is barred by res judicata. As to that portion of the fifth ground which refers to the Civil Rights Act of 1960 and as to the sixth ground, i. e., Article 55 of the United Nations Charter, I agree that they are not applicable for the reasons stated in the court’s opinion. I also concur in the dismissal of the complaint as against the Governor and the Attorney General of the state on the ground that they are not proper parties.
Since this disposes of the case, I see no need for a dictum on the merits of those issues which are not before the court. Accordingly, I concur in the result without expressing any opinion on the merits of the issues raised by plaintiff which are barred by res judicata.