Perspective
Mar. 17, 2012
Pre-emptive strikes under the UN Charter?
A close reading of the U.N. Charter appears to be more liberal on the use of force than traditional international law. By Sarah P. Condor-Fisher of CondorLaw.
The term "treaty" is viewed more narrowly under the U.S. Constitution (Article II, Section 2, Clause 2) than in international law, which defines any kind of agreement on the congressional or executive level as a "treaty." Our law distinguishes treaties from executive agreements. Treaties require advice and consent by two-thirds of the Senate, and as we know, can provide the president with much more political clout tha...
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