Friday, September 30, 2011

'Nuff said

(Taking context-optional note of thought-provoking quotes)

International law now reaches into almost every aspect of our day-to-day lives. The possibility that such legal commitments could be made by the President without the input, much less approval, of Congress or the public raises serious questions about the potential of these agreements to undermine democratic lawmaking writ large.

— Our colleagues, Yale Law Professor Oona A. Hathaway (near right) and Berkeley Law Professor Amy Kapczynski (far right), in an ASIL Insight that expresses concern respecting the Obama Administration's announced plan to conclude a new multilateral pact as a sole executive agreement, which means, as Oona and Amy explain, "that it will enter into effect upon the signature of the President or his representative, without being formally presented for approval to either house of Congress." The scope of that pact, the 2010 Anti-Counterfeiting Trade Agreement, is intellectual property; however, the Insight authors argue that if the sole executive agreement process is used successfully in this instance, it would establish a precedent applicable to "any area in which an international agreement may be concluded — which is to say, nearly any area of law."

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