Posted by Howard S. Schiffman on October 08, 2002 at 01:57:43:
In Reply to: self-executing treaties posted by jinzhenbao on October 06, 2002 at 04:36:55:
The concept of self-executing treaties is a difficult one even for experienced international lawyers. For those unfamiliar with the concept, a self-executing treaty is one that does not require implementing legislation for its provisions to have effect in domestic law. As with other questions of treaty interpretation we look to the plain meaning of a treaty text to see if by its own terms it causes rights to flow directly to individual litigants. We also look to the legislative history of the treaty to see if the matter was discussed during negotiations or in the advice and consent process in the Senate. It is also a good idea to examine state practice to see if courts have ruled it to be self-executing (or not) in the past. In addition, we naturally research what scholars have said about the issue of self-execution in regard to that particular treaty.
Howard S. Schiffman, Esq.
Co-Founder and Administrator
www.InternationalLawHelp.com
: Can anyone tell me how the U.S. distinguishes between self-executing treaties and nonself-executing treaties? For self-executing treaties, will there always be any official declaration, or will it be left to the discretion of the court?Thanks.