absent such action, self-executing treaty
The Berne Convention is not a self-executing treaty
though "the self-executing treaty
doctrine does not apply to
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.
cases make clear that self-executing treaty
provisions are not uncommon
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.
587, 618 (2004) ("As a self-executing treaty
, the Vienna Convention is capable of granting individual rights, and the treaty's language and drafting history indicate that it does so.
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.
As the CISG is a self-executing treaty
, it is the supreme law of the U.
In requiring Congress to make a clear statement in implementing legislation, the Court did not discuss how such a remedy would apply when a self-executing treaty
affected the traditional balance between the Federal and State governments.
140) The Southern District of New York, applying the CISG in another 2011 case, did mention the fact that it considered the CISG to be self-executing: "The CISG is a self-executing treaty
, binding on all signatory nations, that creates a private right of action in federal court under federal law.