This Article proceeds as follows. First, it discusses the Bond case and how the treaty at issue in Bond illustrates the practical importance of non-self-executing treaties in U.S. practice. It elaborates on this point in Part II by arguing that the CWC is the classic example of an important international treaty that could not have been properly implemented without separate legislation. Next, it offers a discussion of the academic criticism of non-self-execution as tending to undermine the United States’ ability to comply with international obligations. It then responds to this criticism by exploring the ways in which non-self-executing treaties like the CWC can provide a level of credible commitment that facilitates international cooperation far more than is appreciated by many legal academic commentators.
Julian Ku & John Yoo,
Bond, the Treaty Power, and the Overlooked Value of Non-Self-Executing Treaties,
Notre Dame L. Rev.
Available at: https://scholarship.law.nd.edu/ndlr/vol90/iss4/8