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01/26/2012

David Sloss and Carlos Vazquez on Non-Self-Executing Treaties
Michael Ramsey

At Opinio Juris, David Sloss discusses his new article on non-self-executing treaties and Foster v. Neilson, with comments from Carlos Vazquez and a reply by Professor Sloss

Sloss’ article is an important one, because Chief Justice Marshall’s opinion in Foster v. Neilson (the only judicial discussion of non-self-execution anywhere near the founding period) has been a major stumbling block to understanding the legal status of treaties.  Professor Sloss has an ingenious explanation that’s well worth checking out.  If he's right, it would go a long way toward soldifying what I think is the correct view of the original understanding of non-self-execution: that it was much narrower than the modern version and limited to unusual circumstances.