Char 1.2 Discuss+essay

A) Read

The first article analyzes the enforcement of international law in
U.S. courts (the most easily accessed for U.S. citizens living
domestically). With direct private rights of actions in domestic courts
having been called into question, what is the best way for the domestic
court to allow treaties to be used? The authors describe three methods:
indirect enforcement, defensive enforcement, and interpretive
enforcement. The second article discusses the enforcement, or lack
thereof, of international law on an international scale.

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  • Does the use of
    the suggested domestic methods place too much power to the courts
    thereby granting them powers outside that set forth in the Constitution?

    • Why or why not?
  • Should the decision as to whether international law is enforceable domestically rest with Congress?
    • The President?
    • Evaluate the three methods for constitutionality.
  • Is international enforcement any more effective?
    • Discuss the pros and cons of both domestic and international enforcement.


      Everyone has had that moment when they knew that a particular thing,
      idea, person, plan, etc. was no longer a good idea. Leaving or ending
      the situation would be difficult, but it had to be done and the
      consequences would just have to be dealt with. Though rare, the same
      thing can happen with treaties and international agreements. It could be
      a change in economics, politics, technology, or any number of factors
      that brings about the need for change. Consequences for terminating the
      agreement will be inevitable.
      Restatement (Third) of the Foreign Relations Law of the United States, section 339 (1987) states that the President has the power:
      (a) to suspend or terminate an agreement in accordance with its terms;
      to make the determination that would justify the United States in
      terminating or suspending an agreement because of its violation by
      another party or because of supervening events, and to proceed to
      terminate or suspend the agreement on behalf of the United States; or
      (c) to elect in particular case not to suspend or terminate an agreement.
      Read Laurence Helfer’s article on terminating treaties and analyze all that goes into and flows from terminating a treaty.

    • Terminating Treaties (Links to an external site.)Links to an external site.


    Once you have read the article, pick a treaty to which the U.S. is
    currently a party and argue why we should withdraw from it and how it
    would be done under the terms of the agreement itself. Critique the
    termination provision or clause and review the legal effects of the
    U.S.’s exit. Write the paper as though you are a presidential legal


    Use current APA Style formatting for your written assignment, citations, and references. Write between 1,000-1,250 words