Fandom

The IT Law Wiki

Self-executing

32,491pages on
this wiki
Add New Page
Talk0 Share

Treaties Edit

Some, but not all, treaties are self-executing, and automatically have effect as domestic law.[1]

While treaties may comprise international commitments . . . they are not domestic law unless Congress has either enacted implementing statutes or the treaty itself conveys as intention that it be 'self-executing' and is ratified on these terms.[2]

"A treaty is equivalent to an act of the legislature, and hence self-executing, when it operates of itself without the aid of any legislative provision. When, in contrast, [treaty] stipulations are not self-executing they can only be enforced pursuant to legislation to carry them into effect."[3]

References Edit

  1. See, e.g., Medellin v. Texas, 552 U.S. __, 128 S.Ct. 1346, 1356 (2008).
  2. Id. (internal quotation marks and citations omitted).
  3. Id. (internal quotation marks and citations omitted).

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.