Correspondence:
Jack M. Goldklang, A Question of Intent, 57 TEXAS L. REV.
859 (1979).
Abstract:
In this correspondence, U.S. Attorney Jack Goldklang questions
the conclusion of The Domestic Legal Effect of Declarations That
Treaty Provisions are Not Self-Executing (57 Texas L. Rev. 233
(1979)). The Note argued that Executive-Senate intent that
certain articles of the human rights treaties not be
self-executing was invalid insofar as it did not represent the
intent of all parties to the treaties. Mr. Goldklang responds
that it is unrealistic to expect this unilateral intent in a
multilateral agreement, and, insofar as the issue is one of
domestic law, so long as each party is free to makes it own
decision on the issue, only domestic intent is relevant to the
question of whether articles of treaties are self-executing.