CYIL Vol. 4, 2013

MAX HILAIRE CYIL 4 ȍ2013Ȏ Program. He has traveled extensively, and consulted for the Department of State, United States Agency for International Development, the Africa Center for Strategic Studies at the National Defense University inWashington, and various international organizations. Dr. Hilaire teaches courses both at the graduate and undergraduate levels in Public International Law, International Organizations & International Humanitarian Law, United States Foreign Relations Law, International Human Rights & Humanitarian Law, United Nations Law, and International Relations Theory. Dr. Hilaire has authored three books: International Law and United States Military Intervention in the Western Hemisphere (Kluwer Law International Pub.), United Nations Law and the Security Council (Ashgate Publisher), and The United States and International Law (Kendall Hunt Publisher); and a number of journal articles on international law, international human rights and humanitarian law. Dr. Hilaire has previously taught at Morgan State University, the Washington Center, Empire State College in Prague, and University of New York Prague (UNYP), Central European University in Budapest, Charles University Faculty of Law in Prague, Anglo-American University in Prague, Obafemi Awolowo University in Nigeria, Colgate University in New York, Marymount College of New York, and Universidad de las Americas in Puebla, Mexico. 1. Introduction United States attitude toward international law is mixed; it is both positive and negative, depending on the time frame which one is looking at and the administration in power. It also depends on the issue areas. Different administrations take different approaches to international law, and their tendency toward trade is quite different from security issues. However, there is a general underlining trend in United States attitude toward international law from one administration to the next. To get a better understanding of U.S. attitude toward international law one must first understand the structure of the Government of the United States, specifically the allocation of power between the three equal branches of the federal government, and the division of power and responsibility between the federal government and the various states. The U.S. government is unique among Western democracies. In Europe the Prime Minister or President has absolute power because the executive and legislative branches are combined, and the head of government commands a majority in parliament, which allows for automatic passage of any legislation. In the United States system of government, on the other hand, the executive branch, headed by the president, shares equal power with the legislative branch, comprising the House of Representatives and the Senate, and the Supreme Court. The structure of the United States federal system of government, with several layers of governmental authority at the federal, state and local levels, makes it difficult to implement and enforce international law domestically. I will address that structure of power within the federal government and between the federal government and the states. But before I begin, let me speak