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10 Colum.-VLA J.L. & Arts 597 (1985-1986)
Chapter XII - Is Berne a Self-Executing or an Executory Treaty

handle is hein.journals/cjla10 and id is 617 raw text is: Chapter XII Is Berne a Self-Executing or an Executory Treaty? A. Issue Is the Berne Convention a self-executing treaty whose provi- sions, therefore, would automatically become law in the United States upon its accession to the Convention? Or is Berne an execu- tory treaty which would not, of itself, give rise to rights or rights of action in the U.S.? B. Conclusion If ratified by the United States, the Berne Convention would not be a self-executing treaty in this country. The protection it stipulates for authors and their successors could only be enforced here to the extent provided by existing U.S. law or by further legislation Con- gress enacted to implement ratification of the Convention. C. Relevant Provisions of the Berne Convention Berne does not contain any statement that it is a self-executing convention. Instead, Article 36 provides: (1) Any country party to this Convention undertakes to adopt, in accor- dance with its constitution, the measures necessary to ensure the appli- cation of this Convention. (2) It is understood that, at the time a country becomes bound by this Convention, it will be in a position under its domestic law to give effect to the provisions of this Convention. This Article was added during the (1967) Stockholm revision. Previously, Berne required new members to make provision for the legal protection of the rights forming the object of the [C]onvention. Article 36 was adopted to state expressly that all Union countries, not only those joining, must adopt measures neces- sary to insure its application.1 Also relevant is Article 2, paragraph 6, which provides: The works mentioned in this Article shall enjoy protection in all coun- 1. World Intellectual Property Organization, Guide to the Berne Convention for the Pro- tection of Literary and Artistic Works (Paris Act 1971) 141 (1978) [hereinafter cited as WIPO Guidel. 85 (597)

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