- September 11, 2021
- Posted by: samdenis
The somewhat timid “international agreements” of U.S. states may give the false impression of an American observer of the importance that international agreements have for federal states in many federations. While the question of the power of federated states to conclude treaties or other forms of “foreign state agreements” may not have been at the forefront of American constitutional and international debates, it is of great importance in other federations. The American Civil War may have clarified the institutions that embody “national government,” but many federations are federations precisely because of their multinational character. In this context, the jus tractatus of the federated states (and their ability to make non-binding political commitments) amounts to extending externally the necessary national powers available to these states to maintain and promote their distinctive national character within the greater Federation. . . .