III. International Law in the United States

A. Article II Treaties

U.S. Constitution, Articles II, VI

1. Scope of the Treaty Power and Limitations Thereon

Missouri v. Holland

Reid v. Covert

Notes and Questions

2. The Effect of Article II Treaties as Domestic Law

a. Non-Self-Execution

Asakura v. City of Seattle

United States v. Postal

Notes and Questions

b. Reservations

Domingues v. Nevada

Beazley v. Johnson

Notes and Questions

c. Last-in-Time Rule

Breard v. Greene

Notes and Questions

d. Treaty Termination and Reinterpretation

B. Presidential Power and Other International Agreements

U.S. Constitution, Articles I, II

1. Presidential Foreign Relations Power

United States v. Curtiss-Wright Corp.

Youngstown Sheet & Tube Co. v. Sawyer

Notes and Questions

2. Executive Agreements

Department of State Circular 175

Questions

a. Congressional-Executive Agreements

Made in the USA Foundation v. United States

Notes and Questions

b. Presidential Executive Agreements

United States v. Pink

Dames & Moore v. Regan

Notes and Questions

3. National Emergency Legislation

a. A Brief History

b. The Past and Present Uses of IEEPA

Notes and Questions

C. Customary International Law

1. Part of Our Law

The Paquete Habana

Filartiga v. Pena-Irala

Garcia-Mir v. Meese

Notes and Questions

Filartiga v. Pena-Irala

Torture Victim Protection Act

Kadic v. Karadzic

Notes and Questions

D. The Charming Betsy Canon

E. The Fifty States and Foreign Affairs

Zschernig v. Miller

Crosby v. National Foreign Trade Council

Notes and Questions

Bibliography

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