This post is excerpted from Tentative Draft No. 1 of the Restatement Fourth of The Foreign Relations Law of the United States: Part III International Law, Chapter 2. Executive Agreements and Nonbinding Instruments.
Curtis Bradley Posts
The Political Question Doctrine and International Law
by Curtis Bradley | Feb 3, 2023 | U.S. Foreign Relations Law
This essay documents how the political question doctrine, in part, has allowed the political branches, rather than the courts, to make determinations about this country’s – and other countries’ – rights and responsibilities under international law.
Does Congress Care That the President Controls International Law?
by Curtis Bradley | Dec 1, 2017 | U.S. Foreign Relations Law
We have a new draft paper, forthcoming in the Harvard Law Review, on how extensively the president has come to control international law for the United States, and what, if anything, should be done about it. As we explain at the end of this post, one of the central questions implicated by the paper is: Does Congress care?
Authority to Suspend, Terminate, or Withdraw from Treaties
by Curtis Bradley | Apr 5, 2017 | U.S. Foreign Relations Law
As a continuation of our post series that includes content of ALI drafts, we now include Section 113, Authority to Suspend, Terminate, or Withdraw from Treaties, from the Foreign Relations Law, Treaties project.
Treaty Termination
by Curtis Bradley | Feb 27, 2017 | U.S. Foreign Relations Law
U.S. Foreign Relations Law Reporters Edward Swaine and Curtis Bradley discuss the question of treaty termination in this video.