Treaty termination and the presidency: Using custom to solve separation of powers disputes
Charleston Law Review
The debate over whether the President, the Senate, or the Congress has primacy in treaty termination remains unsettled. Professor Curtis Bradley incorrectly argues that custom supports a presidential authority to terminate treaties independently. This paper argues that a fuller view of custom, combined with the Intent of the Framers and functional considerations, shows treaty termination is a shared executive-legislative power.
Lapointe, J. M. (2020). Treaty termination and the presidency: Using custom to solve separation of powers disputes. Charleston Law Review, 14(1), 133-204.