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International Law in the U.S. Legal System$
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Curtis A. Bradley

Print publication date: 2015

Print ISBN-13: 9780190217761

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780190217761.001.0001

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Decisions and Orders of International Institutions

Decisions and Orders of International Institutions

Chapter:
(p.99) 4 Decisions and Orders of International Institutions
Source:
International Law in the U.S. Legal System
Author(s):

Curtis A. Bradley

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190217761.003.0004

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.

Keywords:   international delegations, international arbitration, consular notice, International Court of Justice, International Criminal Court, non–self-execution

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