The Persistence of Dualism in Human Rights Treaty Implementation

Abstract

A traditional account of federalism in the United States places international law and foreign affairs squarely within the province of the federal government. Nonetheless, subnational participation in matters of international law and foreign affairs is now both a reality and a necessity. From cross-border initiatives on environmental protection and health care, to state-level divestment legislation, to programs to implement the Kyoto Protocol, the United States speaks with diverse and divergent voices in the international arena. Moreover, given the significant areas of jurisdictional authority exercised by the states, the United States cannot meet its international legal commitments without state and local cooperation. Thus, a growing body of scholarship considers how best to engage cities and states in advancing local goals on the international stage and argues for legislative and jurisprudential initiatives to create and preserve opportunities for state-level innovation.