Also known as: international conventions · treaty · international treaty
Written by attorneys · grounded in primary & secondary sources — see below
An agreement between two or more nations establishing rights and obligations under international law. Such an agreement lacks domestic legal effect in the United States unless it is self-executing or Congress has enacted implementing legislation. It cannot authorize governmental action that violates specific constitutional protections.
Ike Ingram, a foreign national convicted in state court, sought to reopen his case after the President issued a memorandum directing compliance with a consular-notification agreement. The state court refused because Congress had never passed legislation giving the agreement domestic force. The memorandum therefore could not compel reopening of the conviction.
The governor of State A signed an agreement with a foreign nation granting reciprocal trade preferences on agricultural goods. Indigo Textiles challenged enforcement when State A tried to impose duties inconsistent with federal trade rules. The agreement had no effect because the state lacked authority to enter binding international commitments.
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Israel Irving purchased consumer electronics from a foreign supplier and granted a purchase-money security interest to Ironwood Capital. A treaty governed perfection requirements for such imported goods. Ironwood's interest attached and became perfected upon compliance with the treaty rather than ordinary UCC filing.
Ingrid Innes, a U.S. civilian contractor working on a foreign base, faced charges under an executive agreement that routed disputes to a joint military tribunal. The agreement attempted to bypass civilian jury rights. The tribunal provision could not override Fifth Amendment protections for civilian contractors.
Icarus Aviation granted a security interest in its fleet to Integrity Partners. A treaty set the exclusive method for perfecting interests in registered aircraft. Integrity Partners perfected its interest solely by complying with the treaty procedures rather than filing a financing statement under Article 9.
Isaiah Ishikawa, an arms manufacturer, challenged an executive agreement restricting exports to certain nations. The agreement was upheld as a valid exercise of presidential authority over foreign commerce and national security. No Senate ratification was required for the agreement to bind the executive branch.
An international convention has domestic legal effect only if it is self-executing or if Congress enacts implementing legislation. Absent either condition, courts will not treat the convention as supreme federal law that displaces state rules or creates private rights of action.
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No. Treaties and executive agreements remain subordinate to the Constitution. They cannot authorize governmental action that violates specific constitutional guarantees such as the Fifth Amendment right to jury trial.
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No. The Constitution prohibits states from entering any treaty, alliance, or confederation. Any such agreement by a state is void and cannot create enforceable obligations.
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When a treaty or convention governs perfection of a security interest, compliance with the treaty requirements is the exclusive method of perfection and preempts ordinary Article 9 filing. The treaty also controls duration and renewal of that perfection.
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…are evident. For example, Art. II, § 2, requires that two-thirds of the Senators present concur in the Senate's consent to a treaty, rather than the simple majority required for passage of legislation. See The Federalist No. 64 (J. Jay); The Federalist No. 66 (A. Hamilton); The Federalist No. 75 (A. Hamilton).…