Self-Executing Treaty

Self-Executing Treaty

A compact between two nations that is effective immediately without the need for ancillary legislation.

A treaty is ordinarily considered self-executing if it provides adequate rules by which given rights may be enjoyed or imposed duties may be enforced. Conversely it is generally not self-executing when it merely indicates principles without providing rules giving them the force of law.

References in periodicals archive ?
A self-executing treaty has "automatic domestic effect as federal law.
A self-executing treaty is a treaty that becomes judicially enforceable upon ratification.
Hence, the 1961 Hague Convention is not a self-executing treaty law.
absent such action, self-executing treaty provisions.
at 527 ("[G]iving domestic effect to an international treaty obligation under the Constitution--for making law--requires joint action by the Executive and Legislative Branches: The Senate can ratify a self-executing treaty 'ma[de]' by the Executive, or, if the ratified treaty is not self-executing, Congress can enact implementing legislation approved by the President.
A self-executing treaty is ratified with the understanding that the treaty will have domestic force, namely, by including language "plainly providing for domestic enforceability.
In order to answer this question, it must first be determined whether the VCCR is a self-executing treaty.
Even if it were a self-executing treaty, the document does not purport to serve as a source of private rights.
Other constitutions statue the lex posterior rule as in the United States ("later in time") and the others consecrated the supremacy of the self-executing treaty upon the national law.
Similarly, the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (5) appears to be a self-executing treaty requiring the United States to remove requirements of diplomatic and consular legalization of foreign public documents by domestic governmental authorities.
17) Once a self-executing treaty enters into force, the treaty is as legally binding on the United States as an act of Congress that has become a law.