How 'Supreme' Can Treaties Be in a Federal System of Separated Powers?

Waseda Proceedings of Comparative Law, Vol. 11, p. 361, 2008

23 Pages Posted: 30 May 2009

See all articles by Alex Glashausser

Alex Glashausser

Washburn University School of Law

Date Written: May, 30 2009

Abstract

This paper examines the role of courts in interpreting treaties and discusses whether the federal government can assure treaty partners that international obligations will be interpreted in a certain way. It concludes that because the judiciary is an independent branch separate from the executive and the legislature, federal judges need not defer to others' interpretations of treaties.

Keywords: Medellin, treaty, executive power, treaty interpretation, deference

JEL Classification: K10, K33

Suggested Citation

Glashausser, Alex, How 'Supreme' Can Treaties Be in a Federal System of Separated Powers? (May, 30 2009). Waseda Proceedings of Comparative Law, Vol. 11, p. 361, 2008, Available at SSRN: https://ssrn.com/abstract=1412207 or http://dx.doi.org/10.2139/ssrn.1412207

Alex Glashausser (Contact Author)

Washburn University School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States
785-670-1662 (Phone)

HOME PAGE: http://washburnlaw.edu/faculty/glashausser-alex.php

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