Law(Makers) of the Land: The Doctrine of Treaty Non-Self-Execution
David H. Moore
J. Reuben Clark Law School, Brigham Young Uniiversity
Harvard Law Review Forum, Vol. 122, p. 32, 2009
This essay responds to Carlos Manuel Vázquez, Treaties as Law of the Land: The Supremacy Clause and the Judicial Enforcement of Treaties, 122 Harv. L. Rev. 599 (2008). Focusing on the authority of the lawmakers of the land, rather than on treaties’ status as law of the land as Professor Vázquez does, this essay concludes that the Foster brand of nonself-execution (which assumes that a treaty may, in the absence of a clear statament, indicate that the treaty is domestically unenforceable) is supported by the Constitution, consistent with longstanding precedent, a coherent part of the non-self-execution doctrine, and endorsed by the Supreme Court's decision in Medellín v. Texas, 128 S. Ct. 1346 (2008).
Number of Pages in PDF File: 16
Keywords: treaty, self-execution, medellin, foreign relations law, medellin, vazquez, fosterAccepted Paper Series
Date posted: August 15, 2009 ; Last revised: April 2, 2010
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