Judicial Barriers to the Enforcement of Treaties

Authors

Roger P. Alford, Notre Dame Law SchoolFollow

Document Type

Book Chapter

Publication Date

2017

Publication Information

in Supreme Law of the Land? 282 (Gregory H. Fox, Paul R. Dubinsky, & Brad R. Roth eds., 2017).

Abstract

From the Introduction
Chapter 8

This chapter addresses the judicial barriers to the enforcement of treaties. One could choose any number of issues as the focus for such an analysis in the United States. This chapter focuses on four that are especially salient: (1)standing and private rights of action; (2)the last-in-time rule; (3)the political question doctrine; and (4)reservations, understandings, and declarations. Each of these issues is addressed in the Restatement (Third) on Foreign Relations to one degree or another. Each undoubtedly will be addressed in the Restatement (Fourth) now underway.

Recommended Citation

Alford, Roger P., "Judicial Barriers to the Enforcement of Treaties" (2017). Book Chapters. 134.
https://scholarship.law.nd.edu/book_chapters/134