Contributing USMA Research Unit(s)

Social Sciences

Publication Date

Winter 2020

Publication Title

Charleston Law Review

Document Type

Article

Abstract

The debate over whether the President, the Senate, or the Congress has primacy in treaty termination remains unsettled. Professor Curtis Bradley incorrectly argues that custom supports a presidential authority to terminate treaties independently. This paper argues that a fuller view of custom, combined with the Intent of the Framers and functional considerations, shows treaty termination is a shared executive-legislative power.

First Page

133

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