What Is An Executive Agreements
Some scholars argue that while non-self-executing provisions do not have a private right of action, litigants may rely defensively on non-self-executing provisions in criminal proceedings or when another source is available for a cause of action.123 Other courts and commentators argue that non-self-executing provisions do not have the right to prosecute.123 Other courts and commentators argue that provisions Non-self-executing tions do not have the right to sue. 124 At present, the exact status of non-self-executable contracts under domestic law remains unclear.125 See e.B. Andrew T. Guzman, Saving Customary International Law, 27 mich. J. Int`l L. 115, 124-28 (2005) (Discussion of uncertainties related to customary international law). See also Hamdan v. United States, 696 F.3d 1238, 1250 (D.C. Cir. Ramsey, The Power of the States in Foreign Affairs: The Original Understanding of Foreign Policy Federalism, 75 Notre Dame L. Rev. 341 (1999); Carlos Manuel Vazquez, Whither Zschernig?, 46 Vill.
L. Rev. 1259 (2001); Jack L. Goldsmith, Federal Courts, Foreign Affairs and Federalism, 83 Va. L. Rev. 1617 (1997); Peter J. Spiro, Foreign Relations Federalism, 70 U. Colo. L.
Rev. 1223 (1999). See also Louis Henkin, Foreign Affairs and the Constitution 149–69 (2nd 1996). In 1999, the court overturned the Massachusetts Burma Sanctions Act on the basis of the legal right of first refusal and refused to address the alternative position of the Court of Appeals using Zschernig.21FootnoteCrosby v. National Foreign Trade Council, 530 U.S. 363, 374 n.8 (2000). On the action brought by the Zschernig Court of Appeal, see National Council for Foreign Trade v. Natsios, 181 F.3d 38, 49–61 (1 Cir. 1999). .