TREATIES IN U.S. LAW: NEW DEBATES ON OLD IDEAS

From: American Society of International Law. Proceedings of the Annual Meeting | Date: January 1, 2004| Author: Bradley, Curtis A; Damrosch, Lori Fisler; Sloss, David; Swaine, Edward T; Hollis, Duncan B | Copyright information

INTRODUCTION: (RE)CONSTRUCTING THE TREATY POWER

by Duncan B. Hollis*

In discussing the role treaties play in the U.S. legal system, one immediately encounters both controversy and confusion. The very title of this panel, "Treaties in U.S. Law: New Debates on Old Ideas," could be subject to debate. Some would object to the premise that this is a "new debate on old ideas" rather than an "old debate about old ideas" with current practitioners simply picking up threads of a discussi...

Related newspaper, magazine, and journal articles from HighBeam Research

The treaty power and American federalism.
Michigan Law Review ; INTRODUCTION For much of this century, American foreign affairs law has assumed that there is a sharp distinction between what is foreign and what is domestic, between what is external and what is internal. This assumption underlies a dual regime of constitutional law, in which federal regulation
The treaty power and American federalism.(part 2)(response to David Golove, Michigan Law Review, v. 98, p. 1075, 2000)
Michigan Law Review ; In an article published in this Review two years ago, I described and critiqued what I called the nationalist view of the treaty power.(1) Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy
Mass exoduses: The response of the United States
The International Migration Review ; The focus of this article is on mass immigration to the United States and the country's response to various groups of immigrants. After presenting historical background dating back to the pre-Civil War era, attention is given to the Cuban and Haitian mass movements of recent years and to the
Finding common ground: competing US and European interests. (Perspectives on the United States).
Harvard International Review ; Robert Kagan argues that the United States and Europe embrace completely different attitudes toward the use of military power. Europe, he tells us, is a self-contained world of international law and cooperation among states whose security is sustained through treaty and mediation. The United
Conflicts Between United States Immigration Law and the General Agreement on Trade in Services: Most-Favored-Nation Obligation
Texas International Law Journal ; I. INTRODUCTION United States laws establishing qualifications for temporary, nonimmigrant classifications are potentially in violation of the United States' obligations under the World Trade Organization's (WTO)1 General Agreement on Trade in Services (GATS).2 These violations, if ever the subject
Bad lawyering or ulterior motive? Why the United States lost the film case before the WTO dispute settlement panel
Law and Policy in International Business ; I. INTRODUCTION In order to convince countries such as the United States to forgo unilateral response measures to violations of the General Agreement on Tariffs and Trade (GATT),1 the World Trade Organization (WTO) Dispute Settlement Understanding (DSU) arose out of the Uruguay Round of GATT
Treaty-making and the nation: the historical foundations of the nationalist conception of the treaty power.(natinal government treaty power vs. state legislative powers)
Michigan Law Review ; ... that the federal government cannot exercise authority over any subject that is beyond the powers delegated to it. It is hardly news that the powers reserved to the states by the Tenth Amendment are defined negatively -- as that set of subjects which are not ...
Naked imperialism.(REVIEW OF THE MONTH; United States foreign relations)
Monthly Review ; The global actions of the United States since September 11, 2001, are often seen as constituting a new militarism and a new imperialism. Yet, neither militarism nor imperialism is new to the United States, which has been an expansionist power--continental, hemispheric, and global--since its
Iraq and its implications: Sir Marrack Goulding considers the situation in Iraq in the context of the emergence of the United States as the only superpower.
New Zealand International Review ; The United States' venture in Iraq has so far achieved only one of the variable objectives which, at various times, President Bush has stated to be the purpose of his invasion of that country. The outcome of that action was and is still very uncertain and all implications are hypothetical. What
Politics across borders: Mexico's policies toward Mexicans in the United States.
Journal of the Southwest ; President Vicente Fox's 2000 characterization of the Mexican community in the United States as heroes delighted most of his paisanos on both sides of the Rio Bravo/Rio Grande. The Mexican diaspora in the United States had finally come of age. The heroes of the Mexican diaspora had braved the