From: Hans Aberg (email@example.com)
Date: Fri Jun 19 2009 - 14:05:49 CDT
On 19 Jun 2009, at 18:45, Mark Crispin wrote:
>> In general, though, copyright, trademarks, and patents are
>> regulated all by local law, and though there may be treaties to
>> adjust them, these treaties are not law.
> I don't know about Sweden, but treaties are most emphatically law in
> the USA; in fact, they are co-equal to the US Constitution.
The link I gave (see quotation below)
explains the difference between "self-executing treaties" that do not
require implementing legislation,
and other treaties that only take effect by such legislation, in which
case it is the law that is legally valid and not the treaty. It hangs
on the interpretation of the term "Supreme Law of the Land" in the US
From what I recall, human rights, war-crimes, and crimes against
humanity, fall into the former category, but other treaties do not.
But some expert in the matter of US law may clarify.
---- Under the Constitution, a treaty, like a Federal statute, is part of the ‘‘supreme Law of the Land.’’ Self-executing treaties, those that do not require implementing legislation, automatically become effective as domestic law immediately upon entry into force. Other treaties do not become effective as domestic law until implementing legislation is enacted, and then technically it is the legislation, not the treaty unless incorporated into the legislation, that is the law of the land. Sometimes it is not clear on the face of a treaty whether it is self-executing or requires implementing legislation. Some treaties expressly call for implementing legislation or deal with subjects clearly requiring congressional action, such as the appropriation of funds or enactment of domestic penal provisions. The question of whether or not a treaty requires implementing legislation or is self- executing is a matter of interpretation largely by the executive branch or, less frequently, by the courts. On occasion, the Senate includes an understanding in the resolution of ratification that cer- tain provisions are not self-executing or that the President is to ex- change or deposit the instrument of ratification only after imple- mentation legislation has been enacted. ----
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