Circumventing the Supremacy Clause? Understanding the Constitutional Implications of the United States' Treatment of Treaty Obligations through an Analysis of the New York Convention

Authors

Amber A. Ward

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Comment

Abstract

The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international commercial transactions. Accordingly, the United States and other international states continually adapt to changing conditions by creating international agreements, inter alia, NAFTA, GATT, the Vienna Convention, the Geneva Convention and The New York Convention. As the world becomes increasingly reliant on treaties, international agreements and trade agreements, the United States must become more vigilant in upholding such agreements.

Recommended Citation

Amber A. Ward, Circumventing the Supremacy Clause? Understanding the Constitutional Implications of the United States' Treatment of Treaty Obligations through an Analysis of the New York Convention, 7 San Diego Int'l L.J. 491 (2006)
Available at: https://digital.sandiego.edu/ilj/vol7/iss2/11