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Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/restfourpre0008 and id is 1 raw text is: 





      THE FOREIGN RELATIONS LAW OF THE

              UNITED STATES 4TH: TREATIES


                                     (DRAFT)





              CHAPTER 2.   STATUS   OF TREATIES IN UNITED STATES LAW

§ 110. Self-Executing and Non-Self-Executing Treaty Provisions

C.A.9, 2017. Cit. in sup.; subsecs. (1) and (3) quot. in ftn.; subsec. (2) cit. in sup. and quot. in ftn.; com.
(b) quot. in sup. (citing § 110 of T.D. No. 2, 2017). The Republic of the Marshall Islands sued the
United States, seeking a declaration that defendant breached Article VI of the Treaty on the Non-
Proliferation of Nuclear Weapons by failing to pursue negotiations in good faith on effective measures
to end the nuclear-arms race and accomplish nuclear disarmament. The district court granted defendant's
motion to dismiss. Affirming, this court held that Article VI was not self-executing and therefore did not
provide a basis for justiciable claims in federal court. The court relied on the considerations set forth in
Restatement Fourth of Foreign Relations Law: Treaties § 110 (T.D. No. 2, 2017) in concluding that
Article VI was not self-executing, because domestic enforcement of the treaty was neither explicitly nor
implicitly contemplated, and construing the treaty as self-executing would violate core separation-of-
powers principles. Republic of Marshall Islands v. United States, 865 F.3d 1187, 1193-1195, 1197.


























          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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