Follow Slashdot stories on Twitter

 



Forgot your password?
typodupeerror

Slashdot videos: Now with more Slashdot!

  • View

  • Discuss

  • Share

We've improved Slashdot's video section; now you can view our video interviews, product close-ups and site visits with all the usual Slashdot options to comment, share, etc. No more walled garden! It's a work in progress -- we hope you'll check it out (Learn more about the recent updates).

×

+ - President can sign ACTA into effect->

Submitted by msheekhah
msheekhah (903443) writes "In a TechDirt article, Mike Masnik asks Senator Wyden about ACTA:

Senator Wyden says, " It may be possible for the U.S. to implement ACTA or any other trade agreement, once validly entered, without legislation if the agreement requires no change in U.S. law..." but "...the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress' authority". However, then he states that "...if you allow the USTR to express your assent to ACTA, then the agreement can bind the U.S. under international law even without Congress' consent, because international law, not U.S. law, determines the binding effect of international agreements. According to many international law scholars, customary international law recognizes the ability of the chief executive of a country to bind its nation to an international agreement regardless of domestic legal requirements."

So while the treaty won't stand up before judicial review inside of the United States, it can still be considered binding in International Law. You then have to determine which has greater sovereignty in American courts."

Link to Original Source
This discussion was created for logged-in users only, but now has been archived. No new comments can be posted.

President can sign ACTA into effect

Comments Filter:

Nothing is finished until the paperwork is done.

Working...