International Delegations and Administrative Law

43 Pages Posted: 12 Mar 2013  

Kristina Daugirdas

University of Michigan Law School

Date Written: January 1, 2007

Abstract

Effective regulation in fields like the environment, consumer safety, and public health demands nimble responses to new information and changing circumstances. For this reason, treaties that address these topics are not designed to be static documents. These treaties frequently include mechanisms that allow parties to adjust their international obligations over time without going through the formal process of amendment and ratification. This feature of regulatory treaties makes some commentators nervous, especially when it is combined with federal statutory provisions that direct administrative agencies to incorporate those revised international obligations into U.S. law. Specifically, some scholars have suggested that this combination of treaties and implementing legislation is unconstitutional because it delegates to international institutions power that should be held exclusively by the federal government. This Article argues that legislation that pre-commits the United States to implementing such international obligations survives constitutional scrutiny.

Keywords: international delegations, foreign affairs, Montreal Protocol

JEL Classification: K32, K33

Suggested Citation

Daugirdas, Kristina, International Delegations and Administrative Law (January 1, 2007). Maryland Law Review, Vol. 66, 2007. Available at SSRN: https://ssrn.com/abstract=2231533

Kristina Daugirdas (Contact Author)

University of Michigan Law School ( email )

701 South State Street
Ann Arbor, MI 48109-1215
United States

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