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 ?
absent such action, self-executing treaty provisions.
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.
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.
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.