[A2k] ACTA, unenforceable parts?

[Ante]

I understand ACTA will be adopted as an executive agreement.

In U.S v. Capps, the Court of Appeals held that an executive agreement
conflicted with a statute and so was unenforceable.

http://books.google.nl/books?id=d3BbX8TSEx0C&lpg=PA96&ots=5wZwkGiaNk&dq=free%20trade%20agreement%20executive%20agreement&pg=PA97

KEI reported that injunctions, for any imminent infringement of an
intellectual property right, are discussed.

That would then be unenforceable (in the U.S.), in so far it conflicts
with statutes?

vriendelijke groet,
cordialmente,

Ante