Curtis A. Bradley
- Published in print:
- 2015
- Published Online:
- April 2015
- ISBN:
- 9780190217761
- eISBN:
- 9780190217808
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190217761.003.0004
- Subject:
- Law, Private International Law, Comparative Law
This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various ...
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This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by considering the extent to which constitutional concerns relating to international delegations are adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.Less
This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by considering the extent to which constitutional concerns relating to international delegations are adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.
