Opening Word document…

That’s increasingly so

Austin 5, J. Byron McCormick Professor, Rogers College of Law, The University of Arizona. (Graeme W., 2005, ARTICLE:THE BERNE CONVENTION AS A CANON OF CONSTRUCTION: MORAL RIGHTS AFTER DASTAR, 61 N.Y.U. Ann. Surv. Am. L. 111, 146. Lexis accessed online via KU libraries)

Moreover, there is surely a difference between overriding domestic legislative choices by judicial fiat, 170 and respecting - and, to the extent permitted by statutory wording, requiring legislatures to take seriously - the international obligations that the political branches have deemed beneficial to shoulder. 171 While domestic self-determination in copyright law is a key aspect of domestic sovereignty over social and economic policy, 172 much of the policy domain of domestic intellectual property law is also increasingly part of a larger international system. For nations willingly signing on, there is a deliberate bargaining of a possible reduction of control over domestic policy choices in exchange for better protections abroad. 173 Courts should assume that, when the United States enters into international agreements, its actions should be taken seriously. Separation of powers ideals are preserved by the reality that Congress remains able, using express words, to negative any unwanted solicitude the judiciary might have for the nation's international obligations. Then the dispute can shift to the international context, as the United States attempts to justify its non-compliance to its treaty partners at the public international law level.

Sign in to recut, update, or save this card.