The Delegation of Federal Power to International Organizations: New Problems with Old Solutions

75 Pages Posted: 27 Jan 2006  

Julian Ku

Hofstra University - School of Law

Abstract

This Article proposes a framework for analyzing the constitutional issues raised by relationships between the United States and international organizations. The constitutional issues implicated in these relationships are most usefully understood as international delegations. An international delegation is the transfer of constitutionally-assigned federal powers-treaty-making, legislative, executive, and judicial powers-to an international organization. This Article evaluates the propriety of these delegations by incorporating analysis from existing commentary on the constitutional framework for separation of powers and federalism. On the other hand, it also recognizes that international organizations pose special constitutional problems that not even traditional modes of constitutional analysis can easily resolve.

Keywords: international law, constitutional law

JEL Classification: k30, k33

Suggested Citation

Ku, Julian, The Delegation of Federal Power to International Organizations: New Problems with Old Solutions. Minnesota Law Review, Vol. 85, No. 71, 2000. Available at SSRN: https://ssrn.com/abstract=877193

Julian G. Ku (Contact Author)

Hofstra University - School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States
516-463-4237 (Phone)
516-463-6264 (Fax)

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