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International Law in the U.S. Legal System, 2nd Edition by Bradley, Curtis A (4th June 2015)

4 Decisions and Orders of International Institutions

From: International Law in the U.S. Legal System (2nd Edition)

Curtis A. Bradley

International organizations — Arbitration — Specific courts and tribunals — Specific Courts and Tribunals — International judgments, recognition and enforcement — Treaties, amendments and modification — Arms control

This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by considering the extent to which constitutional concerns relating to international delegations are adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.

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