Also known as: international convention · treaties · international treaties
Written by attorneys · grounded in primary & secondary sources — see below
Agreements between nations establishing rules expressly recognized by the contesting states. Such agreements become the supreme law of the land when made under the authority of the United States and bind state judges accordingly. Non-self-executing conventions require implementing legislation to create domestic legal effect and cannot authorize action violating constitutional protections.
Select any source to read its text and confirm it supports the definition.
President Rivera negotiates a maritime safety pact with several trading partners. After two-thirds of the senators present concur, the agreement enters into force. U.S. port authorities then apply the pact's crew-certification standards to vessels operated by Indigo Textiles.
Ibrahim Iqbal is convicted in state court despite an alleged violation of a consular-notification convention. The President issues a memorandum directing state courts to reopen such cases. The state court refuses, because Congress has enacted no implementing statute giving the convention domestic force.
Iris Energy sues a foreign contractor in federal district court alleging breach of obligations arising under a bilateral energy treaty. The complaint pleads no diversity of citizenship. The court exercises jurisdiction because the action arises under a treaty of the United States.
Imran Iyer, a U.S. citizen, sues a foreign state in federal court for injuries sustained on a vessel subject to an international safety convention. The complaint asserts rights created by the convention. The court recognizes that its judicial power extends to cases arising under treaties made under the authority of the United States.
An executive agreement with a foreign nation directs federal courts to stay class actions brought by U.S. law firms against that nation. The firms argue the agreement violates Fifth Amendment due-process rights. The court invalidates the agreement because treaties and executive agreements cannot authorize action inconsistent with constitutional protections.
South Carolina imposes additional crew-licensing requirements on vessels that already satisfy uniform standards set by federal policy implementing an international maritime convention. Green Harbor challenges the state rules. The court holds that the Supremacy Clause renders the state requirements unenforceable.
A convention has domestic effect when it is self-executing or when Congress enacts implementing legislation. Non-self-executing conventions require such legislation before courts may enforce them as supreme federal law.
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No. Treaties and executive agreements are not co-equal with the Constitution and cannot authorize action that violates specific constitutional protections such as the Fifth Amendment.
…of September 24, 1789, c. 20, 28 U.S.C. § 725, which provides: "The laws of the several States, except where the Constitution, treaties, or statutes of the United States otherwise require or provide, shall be regarded as rules of decision in trials at common law, in the courts of the United States, in cases where they…
…or to disapprove Presidential appointments. Art. II, § 2, cl. 2; (d) The Senate alone was given unreviewable power to ratify
…molded. In the instance of lack of jurisdiction the cause either does not "arise under" the Federal Constitution, laws or treaties (or fall within one of the other enumerated categories of Art. III, § 2), or is not a "case or controversy" within the meaning of that section; or the cause is not one described by any…
…where is drawn in question the validity of a statute of any state on the ground of its being repugnant to the Constitution,
…of memory, seems to be incontestible. It is found recognized in various articles of the black book of the admiralty, in public treaties and proclamations of a very early date, and in the most venerable relies of ancient jurisprudence. See Robb. Coll. Marit. Intro. p. 6, 7. Id. Instructions, 3 H. 8, p. 10, art. 18, &c. Id.…
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The President may make treaties only with the advice and consent of two-thirds of the senators present. An agreement executed without that process does not bind the United States as a treaty.
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Yes. District courts have original jurisdiction of all civil actions arising under the treaties of the United States under 28 U.S.C. § 1331.
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Federal policy implementing a convention occupies the field and preempts conflicting state requirements under the Supremacy Clause. State rules imposing additional or inconsistent obligations cannot stand.
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