Decisions and Orders of International Institutions

Abstract

Abstract This chapter considers the status in the U.S. legal system of decisions and orders of international institutions to which the United States is a party. It begins with a description of various constitutional doctrines and principles that are potentially implicated by delegations of authority to international institutions, as well as general concerns that have been raised about such delegations relating to democratic accountability. The chapter also recounts the long history of U.S. engagement with international arbitration and the constitutional debates that this engagement has sometimes triggered. Extensive consideration is given to litigation concerning the consular notice provisions in the Vienna Convention on Consular Relations, including efforts by criminal defendants to enforce decisions by the International Court of Justice (ICJ) interpreting these provisions. The U.S. relationship with other international institutions, such as the World Trade Organization and the International Criminal Court, are also considered. The chapter concludes by discussing the extent to which constitutional concerns relating to international delegations can be adequately addressed by presuming that the orders and decisions of international institutions are non–self-executing in the U.S. legal system.