1. The term “doctrine” is used in this section, although “concept” might seem more appropriate, since the expression “doctrine of self-executing treaty provisions” is commonly employed in U.S. legal writing. Some provisions of a treaty may be self-executing and other provisions of the same treaty may be non-self-executing. Thus, reference is generally made in this study to the self-executing nature of treaty provisions rather than of the treaty as a whole.
2. Foster and Elam v. Neilson, 27 U.S. (2 Pet.) 253 (1829).
3. Ibid., 314.
4. Quincy Wright, National Courts and Human Rights—The Fujii Case, 45 Am. J. Int’l L. 62, 65, n.12 (1951).
5. Oscar Schachter, The Charter and the Constitution: The Human Rights Provisions in American Law, 4 Vand. L. Rev. 643, 645 (1951).