INTERNATIONAL LAW

Char 1.2 Discuss+essay

A) Read

The first article analyzes the enforcement of international law in U.S. courts (the most easily accessed for U.S. citizens living domestically). With direct private rights of actions in domestic courts having been called into question, what is the best way for the domestic court to allow treaties to be used? The authors describe three methods: indirect enforcement, defensive enforcement, and interpretive enforcement. The second article discusses the enforcement, or lack thereof, of international law on an international scale.

• International Law at Home: Enforcing Treaties in U.S. Courts (Links to an external site.)Links to an external site.
  • Focus most particularly on parts III-V
• Is International Law Really ‘Law’? (Links to an external site.)Links to an external site.

Discuss (1.5 PAGES)

• Does the use of the suggested domestic methods place too much power to the courts thereby granting them powers outside that set forth in the Constitution?
  • Why or why not?
• Should the decision as to whether international law is enforceable domestically rest with Congress?
  • The President?
  • Evaluate the three methods for constitutionality.
• Is international enforcement any more effective?
  • Discuss the pros and cons of both domestic and international enforcement.
    

    B)Read

    Everyone has had that moment when they knew that a particular thing, idea, person, plan, etc. was no longer a good idea. Leaving or ending the situation would be difficult, but it had to be done and the consequences would just have to be dealt with. Though rare, the same thing can happen with treaties and international agreements. It could be a change in economics, politics, technology, or any number of factors that brings about the need for change. Consequences for terminating the agreement will be inevitable. Restatement (Third) of the Foreign Relations Law of the United States, section 339 (1987) states that the President has the power: (a) to suspend or terminate an agreement in accordance with its terms;
    (b) to make the determination that would justify the United States in terminating or suspending an agreement because of its violation by another party or because of supervening events, and to proceed to terminate or suspend the agreement on behalf of the United States; or
    (c) to elect in particular case not to suspend or terminate an agreement. Read Laurence Helfer’s article on terminating treaties and analyze all that goes into and flows from terminating a treaty.

  • Terminating Treaties (Links to an external site.)Links to an external site.

  Write

  Once you have read the article, pick a treaty to which the U.S. is currently a party and argue why we should withdraw from it and how it would be done under the terms of the agreement itself. Critique the termination provision or clause and review the legal effects of the U.S.’s exit. Write the paper as though you are a presidential legal advisor.

  Submit

  Use current APA Style formatting for your written assignment, citations, and references. Write between 1,000-1,250 words

Answer preview

• Suggested domestic methods

The domestic enforcement of provisions of treaties can be achieved in three ways: the ratification of the convention through indirect implementation which denotes the creation of legislation, which forms part of the municipal law, which is consistent with the terms of the treaty (Kaczorowska, 2015).  The second method is defensive enforcement which entails adducing the provisions of an agreement to invalidate a municipal law inconsistent with the provisions of the treaty. The third method, which implies the implementation of treaties by using treaty provisions as a reference point during interpretation of the municipal law is referred to as interpretative enforcement…

 

(1600 words)