| ACTA - will the US be exempt from the rules?? So, will countries that sign on to ACTA be forced to swallow US-instigated rules which are non-binding on the US & US corporations/citizens??
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The American University International Law Review publishes articles, critical essays, comments, and case notes on a wide variety of international law topics, including public and private international law, the law of international organizations, international trade law, international arbitration, and international human rights. AUILR also publishes pieces on topics of foreign and comparative law that are of particular interest to the international legal community.
»www.auilr.org/pdf/26/26.3.10.pdf
"ACTA is not a binding international agreement under U.S. law.
The U.S. Constitution describes a limited number of ways in which
the United States can be bound to international law. The subjects of
ACTA—the regulation of intellectual property and domestic and
foreign commerce—are Article I powers under the U.S. Constitution,
meaning they can be regulated only with congressional participation.
Yet, according to the USTR, ACTA will be entered by the United
States as a sole executive agreement without congressional
authorization or approval. Because the entry of ACTA unilaterally
exceeds the President’s constitutional authority, ACTA cannot bind
U.S. law. The statements of the USTR as described above are thus
correct: ACTA cannot change, or prevent the change of, U.S. law." |
