The President is Bound by International Law

81 American Journal of International Law 377 (1987)

U of Houston Law Center No. 2014-A-28

5 Pages Posted: 10 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 9, 2014

Abstract

This short article addresses views of Founders, Framers, and opinions of the U.S. courts that were uniform in agreement that the President of the United States and all within the Executive branch are bound by customary and treaty-based international law. The constitutional basis for this requirement is Article II, Section 3 of the Constitution (“he shall take Care that the Laws be faithfully executed”). Subsequent Supreme Court cases are explored in other writings.

Keywords: bound, CIL, Constitution, customary law, Executive, faithfully execute, Founders, Framers, international law, Paquete Habana, President, take care clause, treaty

Suggested Citation

Paust, Jordan J., The President is Bound by International Law (June 9, 2014). 81 American Journal of International Law 377 (1987), U of Houston Law Center No. 2014-A-28, Available at SSRN: https://ssrn.com/abstract=2447722

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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