Until the implementing laws come into force, existing domestic law on an issue of a non-autonomous provision will remain unchanged and control the law in the United States.121 While it is clear that the non-autonomous provisions contained in international agreements do not supersede existing state or federal law, there is an important scientific debate on the distinction between self-enforcement and non-autonomous provisions, including the capacity of the United States. Some scholars argue that, although non-autonomous provisions do not have a private right of action, applicants still cannot assert certain provisions in a self-executing manner in criminal proceedings or where another source is available for recourse.123 Other courts and commentators, That non-self-supporting provisions do not create legally enforceable rights or have no status in national law.124 , the exact status of non-self-enforcement contracts remains in unresolved national law.125 Comparisons Bradford C. Clark, Domesticating Sole Executive Agreements, 93 Va. L. Rev. 1573, 1661 (2007) (arguing that the text and history of the Constitution support the position that contracts and executive agreements are not interchangeable, as well as the argument that the supremacy clause should be read in order to generally exclude exclusive agreements of the executive); Laurence H. Tribe, Taking Text and Structure Seriously: Reflections on Free-Form Method in Constitutional Interpretation, 108 Harv. L. Rev. 1221, 1249-67 (1995) (on the grounds that the contractual clause is the exclusive means for Congress to approve important international agreements); John C. Yoo, Laws as Treaties?: The Constitutionality of Congressional-Executive Agreements, 99 L.
Rev. 757, 852 (2001) (on the grounds that treaties are the constitutional form required for Congress to approve an international agreement on measures outside the constitutional competence of Congress, including human rights, political/military alliances and arms control, but are not necessary for agreements of measures under the powers of Congress.