A self-executing treaty is a type of international agreement that becomes enforceable as domestic law immediately upon ratification, without the need for any additional legislation or implementation by the national legislature. In contrast, a non-self-executing treaty requires implementation through legislation before it becomes judicially enforceable. To identify whether a treaty is self-executing or non-self-executing, various indicators can be considered, including statements by Congress or the Executive regarding the treaty, the indeterminate language of the treaty, or whether the treaty deals with matters within the exclusive law-making power of Congress, indicating that Congress must create implementing legislation.
[Last updated in June of 2024 by the Wex Definitions Team]
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