•  
  •  
 

Cardozo Journal of Conflict Resolution

Abstract

This Note will begin by discussing the JCPOA, its history and enactment, as well as some of the hostile responses to its procedural posture. The procedural posture in this case is that of a Congressional-Executive Agreement, and this Note will examine what that means, as well as other methods that our Nation has for implementing foreign policy, and the issues that those options present. It will then examine Article II, section 2 of the United States Constitution and the JCPOA, and the weaknesses in the procedure of its enactment, as well as identifying where progress can be made in the process of domestic foreign relations.

This Note proposes that Congress, either through legislation or other measures, induce a confidential, good-faith mediation between the Senate Foreign Relations Committee and the proposed negotiating team before, during, and after the international negotiations. This pre-negotiation advice would take the form of a facilitative mediation that would allow an impartial third party, who would be selected by the parties, to help guide the process, but not to evaluate the merits of the parties' positions. Furthermore, the Treaty Mediation should be confidential in order to facilitate the parties' mediating in good faith.

Disciplines

Dispute Resolution and Arbitration | International Law | Law | National Security Law

Download

Share

COinS