Foreign Policy and International Law

Introduction

 

British news headlines have recently been dominated by the General Election, which took place on 5 May 2005. Predictably, the Iraq war was one of the "hot topics" of the election, and received much air time from politicians of all persuasions. One comment, which sparked a flurry of press attention, may have been confusing both to lay observers in Britain and to watchers abroad. On 30 April 2005, Gordon Brown, the current Chancellor of the Exchequer, stated that, in future, Members of Parliament should be allowed to decide whether Britain goes to war.[1]

 

There is confusion in the media and elsewhere about United States law as it relates to international agreements, including treaties. The confusion exists with respect to such matters as whether "treaty" has the same meaning in international law and in the domestic law of the United States, how treaties are ratified, how the power to enter into international agreements is allocated among the Executive Branch, the Senate and the whole Congress, whether Congress may override an existing treaty, and the extent to which international agreements are enforceable in United States courts.