82 American Journal of International Law 760 (1988)
24 Pages Posted: 7 Jun 2014
Date Written: 1988
This classic article addresses part of the history of self-executing treaties as law of the United States as well as traditional tests that are used to determine whether part of a treaty is self-executing. There is also attention to concurrent congressional power, views of the Framers, supremacy, and direct and indirect incorporation. It is noted that an exclusive congressional power to declare war exists, but that the mere existence of a concurrent congressional power does not obviate possible self-executing status of a treaty or its provisions. The customary test for self-executing status is based on the language of a treaty considered in context.
Keywords: binding, concurrent power, Congress, Constitution, direct, Foster, Framers, indirect, judicial, power, language, law of the land, non-self-executing, original intent, ratified, right, self-executing, supremacy, supreme law, test, treaty
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