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The Executive Branch And International Law, Arthur M. Weisburd

Vanderbilt Law Review

Public international law, through its rules regulating the dealings between independent nations, purports to impose limits on the actions of all governments, including those of the United States. In this context American lawyers interested in foreign relations may reasonably wonder whether American courts would enforce rules of public international law purporting to bind the United States against the United States government, particularly the executive branch. A fair number of Supreme Court cases have dealt with the enforce ability of treaties in American courts.' Treaties, however, are only one source of international law. The other important source, customary international law, is …