Note:
Charles H. Dearborn III, The Domestic Legal Effect of
Declarations That Treaty Provisions Are Not Self-Executing,
57 Texas L. Rev. 233 (1979).
Abstract:
Charles Dearborn in his note discusses the “reservations”,
“understandings”, and “declarations” that President Carter in
1978 recommended accompany four human rights treaties submitted
to the U.S. Senate. Dearborn argues that the declarations,
ostensibly designed to conform the treaties to U.S. domestic law
and thereby avoid legal obstacles to their ratification, have
dubious validity. He posits that they probably had no binding
effect on U.S. courts and should not be used as aids in
constructing the treaties.