02 Jul Read and Watch
Question Description
1a Mr. Glennon’s article looks at how the executive and legislative branches’ actions can play upon how a treaty is interpreted and the implications of allowing one branch’s interpretation to take precedence over the other’s.
International Law and Agreements: Their Effect upon U.S. Law by Michael John Garcia (Links to an external site.)
Links to an external site.
Interpreting “Interpretation”: The President, the Senate, and When Treaty Interpretation Becomes Treaty Making by Michael J. Glennon (Links to an external site.)
Links to an external site.
pages 821-828
Law of Treaties Interpretation Treaty Conflict by Mr. Jan Klabbers (Audiovisual Library of International Law – 33:00) (Links to an external site.)
Links to an external site.
Discuss
Should the executive branch be required to submit its full record of negotiations of treaties to the Senate for its consideration?
Should the Senate and/or its sub-committees considering proposed treaties hold their hearing in secret?
What implications do your answers have for future interpretations of a treaty by the courts?
How should the executive branch determine which form of international agreement to utilize in a given situation? Is this discretion to choose unlimited?
1b
Read
A proverb provides that, “beauty is in the eye of the beholder.” This statement applies equally to the law. When viewing legislation or agreements, the viewpoint or filter through which one “sees” the law greatly affects how it is viewed. The following articles are an example of just such an instance. Is one viewpoint “right” and the other “wrong”? The judicial branch is to be an unbiased arbiter of justice, applying the law without regard to politics or personal viewpoints. Is this truly possible?
“World’s Worst Internet Law” Ratified by Senate (Links to an external site.)
Links to an external site.
Senate Ratification of Cybercrime Treaty Praised (Links to an external site.)
Links to an external site.
Write
After reading the two articles provided, relate your thoughts as to how opinions differ within the Legislative branch regarding a law (national or international), and to differing opinions in different branches.
Why do such differing opinions occur regarding the same law?
How do you think this could and does affect negotiations for and interpretation of laws and agreements?
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