The four doctrines of self-executing treaties

Article Abstract:

US courts have conflated the four separate doctrines of self-executing treaties, failing to recognize the distinct types of reasons causing treaties to be judicially unenforceable. These could be called the intent-based, justiciability, constitutionality, and private right of action doctrines. Courts should look beyond non-self-executing and self-executing terminology, instead ruling on the specific reasons for claiming particular treaties as judicially unenforceable. Despite the Supremacy Clause's general recognition of all treaties, these four doctrines are reasons for courts to rule that legislative action is needed to authorize enforcement of a treaty.

international

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Breard and the federal power to require compliance with ICJ orders of provisional measures

Article Abstract:

The Clinton Administration failed to execute its duties under the US Constitution when it refused to order the governor of Virginia to stay the execution of Paraguayan Angel Francisco Breard, who had been convicted of homicide. US Constitution, article 2, section 3 confers upon the President the power and duty to execute federal law, including treaties to which states are subject. The International Court of Justice had ordered the US, under the Vienna Convention on Consular Relations, to stay the execution.

Laws, regulations and rules, Executive power

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Breard and treaty-based rights under the consular convention

Article Abstract:

The US Supreme Court failed to address the rights of consular officers and foreign states that a convicted Paraguayan murderer exhausted during the state trial phase his rights under the Vienna Convention on Consular Relations in its decision of Breard v. Greene. The Convention stipulates that an arrested foreigner should be immediately notified of his right to contact consular officials. Breard was not notified of his right, and was sentenced to death during the state trial.

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