Some Observations Concerning External Power of Decentralized Units Within the Context of the Treaty Making Powers of Article II and Corresponding Transnational Implications

This paper’s purpose will be to analyze the concept of external power of decentralized units (states) from the perspective of the system as developed in the United States. Initially, the paper will focus upon general principles of customary international law impacting upon each nation’s rights and obligations with respect to other nations. The paper then briefly reviews the structure of the United States government, in particular the respective roles of federal and state governments. Following this general background the paper analyzes international and domestic interpretations of treaty obligations, distinguishing treaty violations from “irregular extraditions.” Finally, this paper examines the extent of external power of American decentralized units within the foregoing framework.