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Full-Text Articles in Law
Taking Care Of Treaties, Edward T. Swaine
Taking Care Of Treaties, Edward T. Swaine
GW Law Faculty Publications & Other Works
There is little consensus about the scope of the President's powers to cure breaches of U.S. treaty obligations, let alone the influence of decisions by international tribunals finding the United States in breach. Such decisions do not appear to be directly effective under U.S. law. Treaties and statutes address questions of domestic authority sporadically and incompletely, and are suited to the task only if construed heroically; the President's general constitutional authority relating to foreign affairs is sometimes invoked, but its extent is uncertain and turns all too little on the underlying law at issue. Relying on either theory to cope …
Regional Protection Of Human Rights (Introduction), Dinah L. Shelton
Regional Protection Of Human Rights (Introduction), Dinah L. Shelton
GW Law Faculty Publications & Other Works
This book focuses on regional approaches to human rights. It discusses regional tools such as treaties, conventions, and case law. The book then discusses state obligations under regional agreements and during various conditions, such as an emergency. Next, the book discusses regional institutions such as courts and the procedures for attempting to receive redress. The book concludes by discussing responses to violations of human rights and looking ahead by examining suggestions for moving forward.
Soft Law, Dinah L. Shelton
Soft Law, Dinah L. Shelton
GW Law Faculty Publications & Other Works
International law is a largely consensual system, consisting of norms that states in sovereign equality freely accept to govern themselves and other subjects of law. International law is thus created by states, using procedures that they have agreed are legislative, that is, through procedures identified by them as the appropriate means to create legally-binding obligations. In contrast to the agreed sources listed in the International Court of Justice (ICJ) Statute, state practice in recent years, inside and outside international organizations, increasingly has placed normative statements in non binding political instruments such as declarations, resolutions, and programs of action, and has …