Reflections on the Development of International Treaty Law under the Auspices of the United States Hegemony and Globalization

2005 ◽  
Vol 8 (1) ◽  
pp. 229-234
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
United States ◽  
The United States ◽  
International Treaty ◽  
Treaty Law

scholarly journals Acts of genocide and international law

2021 ◽  
pp. 44-54
Author(s):  
Stefan Kirchner ◽  
Doly P. Orozco López
Keyword(s):  
United States ◽  
International Law ◽  
Central America ◽  
United States Of America ◽  
The United States ◽  
International Treaty ◽  
Customary International Law ◽  
Treaty Law ◽  
Women And Children ◽  
Jus Cogens

In addition to the loss of over 200,000 lives due to the COVID-19 pandemic, racist violence, riots, wildfires, storms and political controversies in an election year, the United States of America might now also see acts of genocide. If recent reports are confirmed, multiple acts of genocide have been committed against migrants from Central America, targeting in particular women and children. This text outlines the elements which define the crime of genocide under international law and explains the special, jus cogens, status the prohibition of genocide has under both international treaty law and customary international law. It includes a call for further investigations, pursuant to the obligation of all States to combat genocide.

Domestic Politics and International Negotiations: the Politics of Global Warming in the United States

1993 ◽  
Vol 2 (2) ◽  
pp. 1-33 ◽  
Author(s):  
Michael T. Hatch
Keyword(s):  
United States ◽  
Global Warming ◽  
Policy Process ◽  
Domestic Politics ◽  
Political Process ◽  
The United States ◽  
International Negotiations ◽  
International Treaty ◽  
International Commitments ◽  
External Pressures

The United States chose an approach to global warming that came to be viewed by much of the international community as a barrier to effective action. In explaining why, this article analyzes the interaction of the domestic political process and international negotiations. It argues that—while external pressures brought to bear through the negotiations leading up to UNCED pushed the domestic agenda on global warming—the nature of the political process, in combination with the nature of the global warming issue itself, set the general limits for U.S. participation in cooperative international arrangements to manage global warming. That is, given the broad set of interests activated by global warming concerns and the ready access those interests had to decision-making bodies through a pluralist policy process, consensus on an approach to global warming proved impossible. The U.S., unwilling to accept international commitments that obligated it to domestic actions, thwarted efforts to get an international treaty containing firm targets and timetables.

Treaties in US Domestic Law: Medellín v. Texas in Context

2009 ◽  
Vol 8 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Lucy Reed ◽  
Ilmi Granoff
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Federal Law ◽  
International Court Of Justice ◽  
International Court ◽  
The Us ◽  
Treaty Law ◽  
Us Constitution ◽  
Death Penalty Case

AbstractIn Medellín v. Texas, a Texas death penalty case, the United States Supreme Court decided that it could not enforce what it acknowledged to be an international legal obligation to comply with the Avena judgment of the International Court of Justice. The Supreme Court's judgment in Medellín has put our understanding of the domestic treatment of US treaty law in a state of flux. Under the Supremacy Clause of the US Constitution, treaties are the supreme law of the land: binding, equivalent to federal statutes and enforceable by judges. After Medellín, treaties may not necessarily be enforceable federal law, depending on whether they are self-executing without additional legislation. The Supreme Court's decision depends upon the dramatic expansion of a narrow but necessary exception to the Supremacy Clause provided in an 1829 Supreme Court precedent. The consequence of that expansion is to put the US historical approach to treaty-making in question. This article provides (a) a brief overview of treaty law in the United States, including the law before Medellín regarding the domestic effect of treaty law, (b) an overview of Medellín, (c) a critique of the Court's reasoning in Medellín and (d) a discussion of its consequences.

The Need to Restrain the Treaty–Making Power of the United States within Constitutional Limits

1954 ◽  
Vol 48 (1) ◽  
pp. 57-82 ◽  
Author(s):  
George A. Finch
Keyword(s):  
United States ◽  
International Law ◽  
Federal Government ◽  
The United States ◽  
Bill Of Rights ◽  
The People ◽  
Treaty Law ◽  
International Body ◽  
Domestic Law

“The treaty-making power is an extraordinary power liable to abuse. Treaties make international law and also they make domestic law. Under our Constitution treaties become the supreme law of the land. They are indeed more supreme than ordinary laws, for congressional laws are invalid if they do not conform to the Constitution, whereas treaty law can override the Constitution. Treaties, for example, can take powers away from the Congress and give them to the President; they can take powers from the States and give them to the Federal Government or to some international body, and they can cut across the rights given the people by their constitutional Bill of Rights.”

The United States and the Treaty Law of the Sea

1959 ◽  
Vol 64 (4) ◽  
pp. 965
Author(s):  
Samuel Flagg Bemis ◽  
Henry Reiff
Keyword(s):  
United States ◽  
The United States ◽  
Law Of The Sea ◽  
Treaty Law

scholarly journals The International Treaty on Global Warming: Is it Good or Bad for the Economy?

2018 ◽  
Vol 38 ◽  
pp. 01017
Author(s):  
Xinyu Wei ◽  
Wenbin Bao
Keyword(s):  
United States ◽  
Global Warming ◽  
The United States ◽  
Paris Agreement ◽  
Background Information ◽  
International Treaty ◽  
Long Run ◽  
United States Economy ◽  
The World

Global warming is one of the hottest topics all over the world. International authorities have worked together to negotiate the Paris Agreement on global warming. This Agreement has its supporters and critics. The key question is whether on balance is the Paris Assignment good or bad for the United States economy. This paper begins with some background information leading up to the passage of the treaty. Next, I outline what is in treaty. I then critically analyze the arguments in support of and against the Assignment. Finally, I explain the basis for my opinion that in the long run the treaty will benefit the United States economy.

The United States and the Treaty Law of the Sea

1960 ◽  
Vol 13 (1) ◽  
pp. 238
Author(s):  
William M. Armstrong ◽  
Henry Reiff
Keyword(s):  
United States ◽  
The United States ◽  
Law Of The Sea ◽  
Treaty Law
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