617737
9781571051264
Increasingly, matters of direct concern to the American public are being regulated by international treaty regimes. Do these new international treaty regimes pose a challenge to the U.S. constitutional order? In particular, how do treaty-based obligations interfere with property rights, freedom of expression, & the decentralization of power in our federal system? This groundbreaking book deals with problems encountered by the United States, as a federal system, in complying with international treaty obligations at this period of renewed interest in states rights. It examines the ways in which the American constitutional system sometimes adapts to & sometimes erects barriers against the new system of global solutions to global problems. It investigates the resulting challenges on a treaty-by-treaty basis with special attention to such areas as human rights & disarmament. Professors Michael Glennon & Thomas M. Franck approach this subject from several legal perspectives, including the constitutionality of treaties that delegate dispositive powers normally reserved to the U.S. Congress, the Judiciary, the states, or individuals. Professors Allain Pellet & Georg Nolte examine how France & Germany, with their own written constitutions, are dealing with treaty-based delegation of powers to transnational authorities. In addition, there are six chapters by scholars addressing specific treaty regimes (trade & commerce, arms control, the environment, crime control, collective security, & human rights) in light of relevant U.S. law & the U.S. Constitution.Franck, Thomas M. is the author of 'Delegating State Powers The Effect of Treaty Regimes on Democracy and Sovereignty' with ISBN 9781571051264 and ISBN 1571051260.
[read more]