Statutory Interpretation

Judicious Influence: Non-Self-Executing Treaties and the Charming Betsy Canon

Note, 120 Yale L.J. 1784 (2011) (cited in Brownlie's Principles of Public International Law 79-80 (James Crawford, ed., 8th ed. 2012))

Non-self-executing treaties are commonly, and inappropriately, dismissed as irrelevant in domestic law. This note examines how judges employ the Charming Betsy canon to interpret ambiguous statutes to accord with U.S. international obligations, including those expressed in non-self-executing treaties. The Note concludes that this practice is justified and beneficial.