This report provides an introduction to the roles

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International Law and Agreements: Their Effect Upon U.S. Law

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By Michael John Garcia (au)
Year: 2010
Pages: 16
Binding Paperback

Product Code: 1437930263

Description

This report provides an introduction to the roles that international law and agreements play in the U.S. International law is derived from two primary sources — international agreements and customary practice. Under the U.S. legal system, international agreements can be entered into by means of a treaty or an executive agreement. The Constitution allocates primary responsibility for entering into such agreements to the executive branch, but Congress also plays an essential role. First, in order for a treaty (but not an executive agreement) to become binding upon the U.S., the Senate must provide its advice and consent to treaty ratification by a two-thirds majority. Secondly, Congress may authorize congressional-executive agreements. Thirdly, many treaties and executive agreements are not self-executing, meaning that implementing legislation is required to provide U.S. bodies with the domestic legal authority necessary to enforce and comply with an international agreement’s provisions. Contents of this report: (I) Introduction; (II) Forms of International Agreements: Treaties; Executive Agreements; Nonlegal Agreements; (III) Effects of International Agreements on U.S. Law: Self-Executing vs. Non-Self-Executing Agreements; Conflict with Existing Laws; (IV) Customary International Law; The Alien Tort Statute (ATS); (V) Reference to Foreign Law by U.S. Courts. Appendix: Steps in the Making of a Treaty and in the Making of an Executive Agreement. Figures.

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