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Deference To Administrative Agencies In Interpreting Treaties: Chevron, Charming Betsy, And Global Decisionmaking, Catherine E. Sweetser

Catherine E Sweetser

This Article examines how national courts in the United States should deal with domestic agency interpretations of international treaties. Under Chevron deference, a court defers to an agency interpretation where it believes that Congress when passing a statute intended to delegate lawmaking power to the agency. The Charming Betsy canon assumes that Congress also has an interest in complying with international norms and in binding the United States to follow international rules. In both these canons, Congressional intent becomes the touchstone. I first examine whether international law itself, as a rule of treaty interpretation, suggests that domestic agencies should receive …