About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

42 Va. J. Int'l L. 163 (2001-2002)
Treaty Interpretation, the Constitution and the Rule of Law

handle is hein.journals/vajint42 and id is 173 raw text is: Treaty Interpretation, the Constitution and the Rule of Law JOHN NORTON MOORE* TABLE OF CONTENTS I. Introduction: Great Case and Bad Law ................................. 164 II. Issues and Non-Issues: The Wheat, the Chaff, and the H idden V irus ......................................................................... 177 III. Disarming the Virus: Dual Versus Unitary Theories of Treaty Interpretation ............................................................... 190 A General Note on Constitutional Interpretation ........... 190 B. Constitutional Text and the Treaty Power .................. 192 C. Constitutional Theory, History and Practice .............. 193 1. Separation of Power Theory Generally ............... 193 2. Bicameralism and the Presentment Clauses: .N.S. v. Chadha and Clinton v. New York City... 194 3. Treaty Power Theory Generally .......................... 197 4. Treaty Practice Under the Constitution ................ 199 * Walter L. Brown Professor of Law & Director of the Center for National Security Law and the Center for Oceans Law & Policy at the University of Virginia. Professor Moore served as Counselor on International Law to the Department of State and, among seven Presidential ap- pointments, as the founding Chairman of the Board of the United States Institute of Peace and as a United States Ambassador to the Third United Nations Conference on the Law of the Sea. This article is a substantially abridged version of TREATY INTERPRETATION, THE CON- STITUTION AND THE RULE OF LAW by John Norton Moore; published 2001 by Oceana Publica- tions Inc., Dobbs Ferry, NY; ISBN 0-379-21443-1, 0 2001 by Oceana Publications Inc. The author initially worked on this subject during the 1980s as a consultant to the Arms Control and Disarmament Agency in advising the Director of the Agency on the Broad-Narrow Issue in Interpretation of the ABM Treaty. The 4000 page study by the author on this overall issue has not yet been declassified. An unclassified 607 page volume of this study reviewing the constitutional arguments on all sides of this debate, however, will be published in the near future as a separate monograph, JOHN NORTON MOORE, THE NATIONAL LAW OF TREATY IMPLEMENTATION (2001). I should like to express my thanks to Malvina Halberstam, A. E. Dick Howard, and John C. Jeffries, Jr. for their helpful comments on a draft of this article, and to Ms. Joanna C. Murdick for her helpful editorial suggestions.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most