3 Executive Agreements and Political Commitments

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
The United States ◽  
International Agreements ◽  
Substantial Growth ◽  
Ex Post ◽  
Ex Ante ◽  
The Status ◽  
Executive Agreements ◽  
Political Commitments ◽  
Domestic Law ◽  
The U.S

This chapter considers the status in the U.S. legal system of “executive agreements”—that is, international agreements concluded by the United States outside of the senatorial advice-and-consent process specified in Article II of the Constitution. After describing the substantial growth during the twentieth century in the number of executive agreements, the chapter discusses the different types of these agreements: executive agreements concluded pursuant to authorization in a prior treaty; ex ante congressional–executive agreements concluded with prior authorization from Congress; ex post congressional–executive agreements concluded with congressional approval after they are negotiated; and sole executive agreements concluded by the president. The chapter also discusses the extent to which executive agreements are interchangeable with Article II treaties for purposes of domestic law, with respect to the preemption of state law, displacement of federal statutes, and federalism limitations. The chapter concludes with a discussion of the growing phenomenon of non-binding political commitments.

3 Executive Agreements

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Twentieth Century ◽  
The United States ◽  
International Agreements ◽  
Soft Law ◽  
Substantial Growth ◽  
The Status ◽  
Executive Agreements ◽  
Domestic Law ◽  
The U.S

This chapter considers the status in the U.S. legal system of “executive agreements”—that is, international agreements concluded by the United States outside of the senatorial advice and consent process specified in Article II of the Constitution. After describing the substantial growth during the twentieth century in the number of executive agreements, the chapter focuses in particular on congressional-executive agreements and sole executive agreements. It also considers the extent to which executive agreements are interchangeable with Article II treaties for purposes of domestic law, with respect to the preemption of state law, displacement of federal statutes, and federalism limitations. The chapter further discusses the President’s long-standing use of executive agreements for the settlement of international claims. It concludes with a discussion of the growing phenomenon of non-binding “political” or “soft law” agreements.

2 Treaties

2015 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice and consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of how the United States terminates treaties.

2 Treaties

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
United States ◽  
Legal System ◽  
Separation Of Powers ◽  
The United States ◽  
International Agreements ◽  
The Status ◽  
Relationship Of ◽  
The Relationship ◽  
The U.S

This chapter considers the status of treaties within the U.S. legal system. The focus is on international agreements concluded through the senatorial advice-and-consent process specified in Article II of the Constitution. The chapter describes that process, including the Senate’s ability to condition its consent through reservations and other qualifications. It also discusses the role of treaties as supreme law of the land, including the situations in which treaties will be considered “self-executing” and “non–self-executing,” as well as the later-in-time relationship of treaties to federal statutes. The chapter also discusses the relationship of treaties to constitutional limitations concerning the separation of powers and federalism, including the implications of the Supreme Court’s 1920 decision in Missouri v. Holland. The chapter concludes with a consideration of the president’s constitutional authority to withdraw the United States from treaties.

International Human Rights Law

2012 ◽  
Author(s):  
Aryeh Neier
Keyword(s):  
International Law ◽  
The United States ◽  
Customary Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
The Status ◽  
Civilized Society ◽  
The U.S

This chapter focuses on the two sources of international law: custom and treaties. Customary international law is the term used to describe rules that are so widely accepted and so deeply held that they help to define what it means to belong to a civilized society. The question of whether customary international law is binding on the United States came before the U.S. Supreme Court as long ago as 1900 in a case called Paquete Habana. Whereas treaty law often covers the same ground as customary international law. Torture is forbidden by customary international law, for example, and prohibitions against torture are also set forth in several multilateral treaties. The effect is to reinforce recognition that a particular norm set forth in a treaty has the status of customary law.

Implications of OPA 90 in General and Its Effect on the T-AO 187 Class Oilers in Particular

1994 ◽  
Vol 31 (03) ◽  
pp. 175-182
Author(s):  
Hans Hofmann ◽  
George Kapsilis ◽  
Eric Smith ◽  
Robert Wasalaski
Keyword(s):  
United States ◽  
Structural Changes ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
International Maritime Organization ◽  
The Status ◽  
Oil Tankers ◽  
The U.S ◽  
Hull Construction

The Oil Pollution Act of 1990 has mandated that by the year 2015 all oil tankers operating in waters subject to jurisdiction of the United States must have double hulls. This paper examines the Act and the status of regulatory initiatives it has generated. Guidance for new hull construction and retrofit of existing vessels is outlined, and both IMO (International Maritime Organization) and U.S. Coast Guard requirements are discussed. Finally, the structural changes necessary to convert the U.S. Navy's T-AO Class oil tankers to meet the requirements of the Act are specified and illustrated.

Article II Treaties and Signaling Theory

2020 ◽  
pp. 123-142
Author(s):  
Curtis A. Bradley
Keyword(s):  
Signaling Theory ◽  
International Agreement ◽  
Freedom Of Choice ◽  
Political Factors ◽  
Ex Post ◽  
Ex Ante ◽  
Continued Use ◽  
The U.S

This chapter focuses on the treaty-making process set forth in Article II of the U.S. Constitution, which requires that presidents obtain the advice and consent of two-thirds of the Senate. Some scholars contend that, under modern law and practice, presidents can choose to conclude any international agreement by obtaining either ex ante authorization or ex post approval from a majority of Congress rather than obtaining the supermajority “advice and consent” of the Senate. If presidents in fact have this freedom of choice, there appears to be a puzzle: Why do they ever choose to use the Article II treaty process, which is more politically difficult than the executive agreement processes? To be sure, the use of the Article II process has been in decline, but the process is still used for some agreements, including in situations in which the process seems to make it more difficult for presidents to obtain approval of agreements that they support. A common answer to this puzzle is based on signaling theory: Using the Article II process, it is said, allows the president or the country to signal valuable information to potential treaty partners. This chapter argues that the signaling explanation is questionable and suggests that domestic legal and political factors better explain the continued use of the Article II process.

International Human Rights Law

2020 ◽  
pp. 94-116
Author(s):  
Aryeh Neier
Keyword(s):  
International Law ◽  
The United States ◽  
Customary Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Customary International Law ◽  
The Status ◽  
Civilized Society ◽  
The U.S

This chapter discusses custom and treaties as the two sources of international law. It explains the customary international law as the term used to describe rules that are widely accepted and deeply held and are used to define what it means to belong to a civilized society. It also recounts the case called “Paquete Habana” in the U.S. Supreme Court that addresses the question of whether customary international law is binding on the United States. The chapter talks about the treaty law or conventional law as the source of multilateral conventions that often covers the same ground as customary international law. It analyzes the prohibitions against “torture” that are set forth in several multilateral treaties and reinforce recognition that a particular norm set forth in a treaty has the status of customary law.

scholarly journals Power Transition Theory Revisited: When Rising China Meets Dissatisfied United States

2019 ◽  
Vol 05 (03) ◽  
pp. 317-341
Author(s):  
Serafettin Yilmaz ◽  
Wang Xiangyu
Keyword(s):  
United States ◽  
The United States ◽  
Status Quo ◽  
Transition Theory ◽  
Power Transition ◽  
Economic Implications ◽  
Power Transition Theory ◽  
The Status ◽  
Rising Power ◽  
The U.S

Dissatisfaction is a major concept in power transition theory, which postulates that a rapidly rising power tends to be dissatisfied with the international system and would thus attempt to reform or replace it, whereas the hegemonic power would, by default, be satisfied with and work to maintain the status quo. This paper, however, offers an alternative outlook on the reigning-rising power dynamics by examining the conditions for and implications of hegemonic dissatisfaction and rising power satisfaction. It argues that although China, as a potential systemic challenger harboring grievances against the existing global regimes, has been a recurrent subject for studies, it is the United States, the established hegemon, that appears increasingly dissatisfied with the status quo. The U.S. dissatisfaction is informed by a set of internal and external factors often justified with a reference to China as a challenger, and is manifested in a number of anti-system strategies, including unconventional diplomatic rhetoric, as well as withdrawal from various international institutions or attempts to undermine them. The U.S. discontent, as contrasted with China’s satisfaction as a rising power, has a number of potential geopolitical and economic implications at the bilateral, regional, and global levels, endangering the viability and sustainability of the universally accepted political and economic regimes.

scholarly journals Retrospective Evaluation of the Costs of Complying with Light-Duty Vehicle Surface Coating Requirements

2018 ◽  
Vol 10 (1) ◽  
pp. 39-64
Author(s):  
Ann Wolverton ◽  
Ann E. Ferris ◽  
Nathalie B. Simon
Keyword(s):  
Surface Coating ◽  
Air Pollutants ◽  
Unit Cost ◽  
Hazardous Air Pollutants ◽  
Light Duty ◽  
Ex Post ◽  
Ex Ante ◽  
Light Duty Vehicle ◽  
The Cost ◽  
The U.S

This paper compares the U.S. Environmental Protection Agency’s (EPA) ex ante compliance cost estimates for the 2004 Automobile and Light-Duty Truck Surface Coating National Emission Standards for Hazardous Air Pollutants to ex post evidence on the actual costs of compliance based on ex post cost data gathered from a subset of the industry via pilot survey and follow-up interviews. Unlike many prior retrospective studies on the cost of regulatory compliance, we use this newly gathered information to identify the key drivers of any differences between the ex ante and ex post estimates. We find that the U.S. EPA overestimated the cost of compliance for the plants in our sample and that overestimation was driven primarily by differences in the method of compliance rather than differences in the per-unit cost associated with a given compliance approach. In particular, the U.S. EPA expected facilities to install pollution abatement control technologies in their paint shops to reduce emissions of hazardous air pollutants, but instead these plants complied by reformulating coatings.

Arab Americans: Migration, Socioeconomic and Demographic Characteristics

1986 ◽  
Vol 20 (3) ◽  
pp. 629-649 ◽  
Author(s):  
Elias T. Nigem
Keyword(s):  
The United States ◽  
Demographic Characteristics ◽  
National Average ◽  
Arab Americans ◽  
Socioeconomic Characteristics ◽  
Secondary Sources ◽  
Migration History ◽  
The Status ◽  
Recent Group ◽  
The U.S

This article examines the status of Arab Americans in the United States in light of their migration history and selected demographic and socioeconomic characteristics. Using the “Ancestry question” to define this group, and data from the U.S. Bureau of the Census and other secondary sources, the findings indicate that Arab Americans, although a recent group, share similar migratory forces with other emigrant groups. However, they are above the national average in terms of socioeconomic status. Also, there appears to be a difference with respect to socioeconomic and demographic characteristics between those of single- and multiple-ancestry groups.

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