CYIL Vol. 4, 2013

MAX HILAIRE CYIL 4 ȍ2013Ȏ Act are just a few prominent examples of instances of statutes passed by Congress that have extraterritorial implications. 29 These laws are adopted without taking into consideration the international repercussion. In some case, however, these laws help enforce international law, or they provide the framework for foreign governments to adopt similar laws of their own. The Dodd-Frank Act, FATCA and the FCPA have all been replicated in some fashion by foreign governments or international institutions. 30 The president usually has to negotiate with foreign nations on the scope and modality of these acts and may choose not to comply with them if the acts conflict with United States national security interest. These acts sometimes make the president’s task in foreign affairs more difficult, and they often tie the president’s hands when he negotiates with foreign governments. The Senate, which plays a crucial role in the treaty ratification process, has also objected to committing the U.S. to international treaty obligations, especially if they conflict with U.S. domestic law. 31 The Senate usually attaches reservations or understandings to all treaties, which may give a different meaning to the treaties in domestic law. 32 The Senate has a very poor record when it comes to ratification of human rights treaties. 33 3. The United States and the Development of Modern International Law The United States can be considered one of the leading contributors to international law. Its contributions cut across ideological and political boundaries, and have impacted all aspects of international legal development. The United States’ own political system is based on constitutional law over the rule of the king. Notwithstanding its long standing commitment to international law, the United States has always been apprehensive or ambivalent toward international law for fear that its international legal obligations may constrain its ability to project its power abroad or to defend its national sovereignty from external threats. This suspicion of international law or the fear of other nations has shaped the U.S. attitude toward international law. The United States played a crucial role in the creation of the League of Nations and the United Nations and its network of Specialized Agencies that make up the United Nations system. 34 Although the idea of a League of Nations came from President Wilson, the United States ultimately did not join the League of Nations because of opposition in the Senate, where some members were concerned U.S. 29 For an analysis of the scope of U.S. extraterritorial jurisdiction, see Curtis A. Bradley, International Law in the U.S. Supreme Court (2013), pp. 167-196. 30 See OECD Anti-bribery Convention and the United Nations’ Anti-Corruption Convention are two examples of international treaties that were modeled on U.S. domestic legislation. 31 See Rosemary Foot, Credibility at Stake: Domestic Supremacy in U.S. Human Rights Policy, in David Malone & Yuen Foong Khong, eds. Unilateralism and U.S. Foreign Policy (2003), pp. 41-70. 32 See Catherine Redgwell, US reservations to human rights treaties: all for one and none for all?, in Michael Byers & Georg Nolte, eds., United States Hegemony and the Foundation of International Law, (2003), pp. 392-415. 33 See Treaties and International Agreements: The Role of the United States Senate (Congressional Research

Service, Library of Congress, ed.), 2001, pp. 266-9. 34 E. Luard, A History of the United Nations , 18 (1982).