The National Law of Treaty Implementation

by Moore, John Norton

• ISBN13: 9780890896471
• ISBN10: 089089647X
• Format: Hardcover
• Copyright: 2001-10-01
• Publisher: Carolina Academic Press

Table of Contents

The Issues	1	(8)
Separation of Powers In foreign Policy and The National Law of Treaty Implementation	8	(397)
An overview of the treaty power in the constitutional structure for separation of powers in foreign policy	8	(109)
General	8	(41)
The treaty power	49	(68)
Presidential authority to interpret treaties in the absence of congressional action	117	(5)
Relevance and weight of the record of Senate consideration of a treaty for interpretation of that treaty	122	(234)
Threshold questions as to the goal of treaty interpretation under national law: the problem of unitary or dual standards for interpretation	124	(30)
Arguments for ``dual'' standards	154	(1)
Constitutional theory	154	(1)
Primary authorities	155	(19)
Secondary authorities	174	(13)
Policy arguments supporting the ``dual'' approach	187	(4)
Rebuttal of arguments for the ``unitary'' approach	191	(6)
Arguments for a ``unitary'' standard	197	(1)
Constitutional theory	197	(8)
Primary authorities	205	(10)
Secondary authorities	215	(19)
Policy arguments supporting the ``unitary'' approach	234	(21)
Rebuttal of arguments for the ``dual'' approach	255	(55)
Synthesis of arguments for the ``dual'' and ``unitary'' approaches	310	(3)
Questions of the relevance and weight to be accorded a range of elements in the process of Senate consideration: the problem of legislative (or treaty) history as an extrinsic aid to interpretation	313	(2)
The overall goal of ``treaty history'' interpretation	315	(6)
``Legislative history'' as an extrinsic aid to interpretation	321	(1)
Assessing the relevance and weight of recurrent common events in ``legislative'' history	322	(1)
Statements by witnesses and legislative members during committee hearings	322	(2)
Committee reports	324	(1)
Statements made during legislative debate	325	(3)
Statements by principal sponsors or committee persons in charge of the legislative act	328	(1)
Statements by opponents	328	(2)
Record of textual changes	330	(1)
Closely related legislative acts	330	(1)
Relevant Executive messages	331	(1)
Brief overview summary of important general principles in assessing ``legislative history''	332	(4)
Issues concerning differences in interpreting ``treaty history'' from that of ``legislative history''	336	(13)
Summary of the relevance and weight to be accorded elements of ``treaty history'' within the process of Senate advice and consent	349	(1)
Questions of the level of generality in posing the issue of Senate purpose or intent: the problem of appropriate breadth of context and/or mistaken interpretation in Senate consideration for advice and consent	350	(4)
A synthesis concerning relevance and weight of the record of Senate consideration	354	(2)
Issues of estoppel arising from the advice and consent process	356	(11)
The authority of a subsequent Senate or Congress to interpret a treaty consented to by a prior Senate	367	(11)
The authority of a subsequent Senate or Senate committee	367	(3)
The authority of a subsequent Congress	370	(8)
Presidential and congressional authority concerning suspension or termination of a treaty in whole or in part in response to prior breach of agreement	378	(16)
Presidential authority in the absence of congressional action	378	(9)
Congressional authority	387	(7)
Weight to be accorded Executive branch actions interpreting or implementing a treaty	394	(7)
Other potentially relevant national laws and a possible obligation of any administration to make known, at least to Congress, what it comes to believe may be a mistaken interpretation of an arms control agreement	401	(4)
An Overview History of Congressional Consideration of the ``Broad-Narrow'' Issue	405	(207)
An overview of congressional consideration of the ``broad-narrow'' issue during initial consideration of the ABM Treaty	406	(15)
Executive branch transmittal documents to the Senate	407	(1)
Congressional Briefing by Dr. Henry A. Kissinger, Assistant to the President for National Security Affairs, at The White House, June 15, 1972	407	(1)
Opening statements and question and answer discussion during Senate committee hearings by principal administration spokesmen on the Treaty	408	(1)
Senate committee hearings in general	409	(2)
Senate Foreign Relations Committee	411	(1)
Senate Armed Services Committee	411	(2)
Senate Appropriations Committee	413	(1)
Report of the Senate Foreign Relations Committee	413	(1)
General ``floor'' debate	414	(1)
Senate Resolution of Advice and Consent	414	(1)
Significant House action	414	(1)
Overview summary of Senate and House consideration of the ``broad-narrow'' issue during initial consideration of the ABM Treaty	415	(6)
Relevant issues in contemporaneous initial congressional consideration of the SALT I Agreements as a whole	421	(16)
Consideration by subsequent Congresses of the ``broad-narrow'' interpretation issue	437	(169)
A brief review of the process of subsequent congressional interpretation on the ``broad-narrow'' issue	606	(6)
Application To the ``Broad-Narrow'' Debate	612	(42)
Arguments that the President is bound to the ``narrow'' interpretation under national law	612	(12)
Arguments that the President may elect to act on the ``broad'' interpretation under national law	624	(19)
Appraisal...	643	(11)
A Postscript on Constitutional and Other Issues Posed By S. Res. 167, The Inf Treaty Interpretation Condition, And Related Proposals	654	(43)
Annex	697	(28)
About The Author	725