International Law Outline


ASEAN Treaty of Amity and Cooperation – 2009 (Packet I – 22)



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ASEAN Treaty of Amity and Cooperation – 2009 (Packet I – 22)

  1. Secretary of State Clinton signed. Senate – unprecedented for US to accede to “treaty” w/o A&C of S. but recognized it was largely limited to “general pledges of diplomatic cooperation”

  • Treaties are supposed to be “supreme law of the land” but divide into two categories

    1. Self-executing – provisions will be given effect

    2. Not self-executing – domestic legislation must be created to give force to treaty

  • Missouri v. Holland – SCOTUS – 1920 (274-76)

    1. US enters into treaty with GB re: Canada. Restricts and regulates migratory bird hunting.

      1. States say MO can’t tell states what to do with their birds.

    2. HOLMES – federal branch has power to make the treaty.

      1. Effort put into making a NATION. Need to transcend certain states rights to function internationally and really become a nation.

      2. Here, in particular – state has rights over birds re: its inhabitants. But particularly small claim to title because these are MIGRATORY birds anyway.

  • EFFORTS TO OVERTURN Missouri


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