Chapter

International Law and International Organizations: Constitutional Issues

Louis Henkin

in Foreign Affairs and the United States Constitution

Second edition

Published in print November 1996 | ISBN: 9780198260981
Published online March 2012 | e-ISBN: 9780191682193 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260981.003.0024
International Law and International Organizations: Constitutional Issues

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As a member of the international political system of nation-states, the United States is subject to international law — an international legal regime consisting principally of customary international law and treaties and other international agreements. By international agreements, the United States participates in a variety of international organisations. Like treaties, explicitly cited in the constitution, customary international law and the actions and activities of organisations impinge on U.S. domestic law and on the political institutions of the United States, and provide an additional, definable, component of the constitutional law of foreign affairs. Issues of separation of powers, checks and balances, conflict and cooperation, interference and delegation, appear here too, but differently. U.S. responsibilities under customary international law and towards international organisations have raised issues about the relation of U.S. institutions to international institutions, and of constitutional rights and duties to rights and duties under international law.

Keywords: United States; international law; treaties; international agreements; international organisations; foreign affairs; constitution; domestic law

Chapter.  18426 words. 

Subjects: Constitutional and Administrative Law

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