Republic of the Marshall Islands v. United States

OPINION

McKEOWN, Circuit Judge:

Not all treaties are created equal in terms of enforceability. Although the Supremacy Clause guarantees that “all Treaties ... shall be the supreme Law of the Land,” U.S. Const, art. VI, cl. 2, paradoxically not every treaty provision is enforceable in our domestic courts. Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (the “Treaty” or the “Non-Proliferation Treaty”) • is one such provision: it calls on each party to the Treaty “to pursue negotiations in good faith on effective measures” to end the nuclear arms race and accomplish nuclear…