The United States has never before considered itself bound by international law to accept as its treaty partner the successor to an extinct State.

CENTERFORSECURITYPOLICY: Center for Security Policy | Senate testimony of Douglas Feith and George Miron on ABM treaties and international law

No judicial decision contradicts the scholarly view that a non-dispositive bilateral treaty of an extinct State does not automatically become a treaty of its successor or successors.

CENTERFORSECURITYPOLICY: Center for Security Policy | Senate testimony of Douglas Feith and George Miron on ABM treaties and international law

The President cannot, without Senate approval, bring a lapsed treaty back to life by declaring that a given foreign State is the successor or continuation of an extinct State.

CENTERFORSECURITYPOLICY: Center for Security Policy | Senate testimony of Douglas Feith and George Miron on ABM treaties and international law