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Ocean Law Program Community Legal Problem Services: May The United States Constitutionall​Y Bind Itself To A Provisional International Ocean Regime?
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1973
[PDF-1.30 MB]
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Description:The question concerning whether or not the U. S. can bind itself to interim provisions implementing various provisions of any law of the sea regime agreed upon at Santiago between time of signature and ratification thereof by the President with Advice and Consent of the Senate apparently arises from a statement made by Mr. C. N. Brower, Acting Legal Advisor and Acting Chairman, InterAgency Task Force on the Law of the Sea, to the Senate Foreign Relations Committee on 1 March 1973. The issue consists of not only whether or not the U. S. may constitutionall​y bind itself during an interim period, but also whether or not legislation is necessary to accomplish this objective? In answer to this issue, it is suggested that a brief examination be made of the international law concerning the consent to be bound of federal republics in order to deter mine whether or not constitutional requirements are internationally relevant. Secondly, it must be determined whether the Executive may bind this country by agreement with other states without the Advise and Consent of the Senate. Finally, it must be determined if any Congressional or Senatorial action might be necessary in order to bind the U. S. during an interim period.
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Sea Grant Document Number:MIAU-T-73-003
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Rights Information:Public Domain
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