The Reinterpretation Debate and Constitutional Law

Abstract

I wish to raise two issues with respect to Professor Koplow's article. The first is whether it is proper for the American Society of International Law to undertake the report which served as the basis for the Koplow piece. I believe that it is improper for the Society to issue a collective public statement endorsing one side of a partisan political controversy. Secondly, with respect to the substance of Koplow's argument, I disagree with parts of his analysis and find his proposed solution for the dilemma of treaty interpretation unsatisfactory in principle and unworkable in practice.