A) Read

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

• International Law at Home: Enforcing Treaties in U.S. Courts (Links to an external site.)Links to an external site.
  • Focus most particularly on parts III-V
• Is International Law Really 'Law'? (Links to an external site.)Links to an external site.

Discuss

• Does the use ofthe suggested domestic methods place too much power to the courtsthereby 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.
    

    B)Read

    Everyone has had that moment when they knew that a particular thing,idea, person, plan, etc. was no longer a good idea. Leaving or endingthe situation would be difficult, but it had to be done and theconsequences would just have to be dealt with. Though rare, the samething can happen with treaties and international agreements. It could bea change in economics, politics, technology, or any number of factorsthat brings about the need for change. Consequences for terminating theagreement 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;
    (b)to make the determination that would justify the United States interminating or suspending an agreement because of its violation byanother party or because of supervening events, and to proceed toterminate 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.

  Write

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

  Submit

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