Federalism, State Cooperation and Compliance with International Commitments

Abstract

Both in the EU and in the US, foreign affairs are complicated by the fact that power is divided vertically between the Union and the States. In the US, these complications arise from the fact that the States’ cooperation is often required to ensure the United States’ compliance with its international commitments, yet under US constitutional law the States are not required to cooperate. Moreover, Congress in principle cannot create private remedies against the States, either in federal or in State court. This stands in stark contrast to the situation under EU law. Despite the impact on the effectiveness of the treaties into which it enters, the US has nonetheless sought to safeguard the traditional federal balance even though it arguably has the power to ignore federalism when acting internationally.