Treaties, Their Making and Enforcement

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J. Byrne, 1916 - Treaties - 663 pages
 

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Contents

28 Jurisdiction of Federal Courts 29 Treaty Making and the Formation of the New Union
51
CHAPTER V
53
31 In the State Conventions
56
32 Amendments of the Treaty Provisions Proposed by the State Conventions
62
UNDER THE CONSTITUTION I The Making
65
CHAPTER VI
67
34 Advice Sought by Message
68
35 Advice by Resolution
72
Consultation with Individual Members 837 Confirmation of Negotiators
75
38 Special Agents
76
39 Consular Convention of 1788 with France
78
40 Qualified Approval of the Jay Treaty
79
41 Specific Amendments Advised
81
42 Treaties Rejected by the Senate 43 Reconsideration by the Senate
82
Secret Sessions
84
45 Explanations of Senate Amendments
85
46 Consent to Extension of Period for Exchange of Ratifications
89
CHAPTER VII
93
48 Ratification 49 Reservation in Full Powers of Right of Ratification 50 Proclamation
94
51 Treaties Withheld from the Senate 52 Submitted to the Senate with Recommendation for Amend
95
ment
96
53 Refusal of President to Ratify Treaties Approved by the Senate
97
54 Treaties Withdrawn from the Senate
99
Resubmission to the Senate after Delay in Ratification
100
Agreements Reached by the Executive without the Advice and Consent of the Senate Page 56 Agreements Involving the Military Power of the Presid...
102
57 Adjustment and Settlement of Pecuniary Claims of Citizens against Foreign Governments
108
58 Agreements as Basis of Future Negotiations or of Foreign Policy III
111
59 Modi Vivendi
112
Miscellaneous Instances
114
61 Agreements in Execution of Treaty Stipulations
117
CHAPTER IX
121
63 International Copyright
127
64 Trademarks
129
65 International Postal and Money Order Regulations
131
66 Agreements with Indian Tribes
133
67 Acquisition of Territory
135
CHAPTER X
141
69 Between States of the Union
145
THE EXECUTION OR ENFORCEMENT
151
CHAPTER XI
153
71 Operation without Congressional Action
160
72 Conflict between Acts of Congress and Treaties
161
73 Legislation to give Effect to Stipulations
162
CHAPTER XII
164
Debates on the Jay Treaty in 1796
165
Treaties of 1802 and 1803
171
78 Convention with France of 1831
174
Treaty with Russia of 1867
175
Views of Authorities
177
81 Conclusion
178
Treaties Involving a Modification of the Revenue Laws
183
95 Treaties with Mexico of 1848 and 1853
207
Power to Cede Territory
220
CHAPTER XV
230
103 Protection of Industrial Property
236
CHAPTER XVI
246
107 Discriminatory Legislation
252
108 Administration of Estates of Deceased Aliens
260
Jurisdiction of Federal Courts Page 111 Suits of a Civil Nature
269
113 Writ of Habeas Corpus
272
FOREIGN States
277
125 Submission of Treaties to Parliament Before Ratification
298
CHAPTER XIX
301
127 The Constituent Assembly
302
128 Constitutional Provisions 17931871
303
129 National Assembly of 18711875
307
130 Article VIII of the Constitutional Law
308
132 Treaties of Commerce
309
Treaties Involving the Finances
311
134 Treaties Relating to the Status of Persons and Property Rights of French Subjects Abroad
312
136 Treaties Not Submitted for Approval of Chambers
314
CHAPTER XX
315
138 Luxemburg
317
140 Italy
320
141 Germany
323
ģ142 AustriaHungary
327
Sweden
329
144 Norway
330
145 Denmark
331
146 Spain
332
147 Portugal
333
149 Greece
335
151 Russia and Japan
336
152 Turkey
337
154 Dependencies
339
Date of Taking Effect 155 As a Compact between States
343
156 As Affecting Rights of Individuals
345
157 Treaties for Transfer of Territory
347
158 Extradition Conventions
351
159 Treaties of Peace
352
CHAPTER XXII
358
162 b Special Clauses and Treaties for Arbitration
361
163 Questions for the Courts and for the Political Departments in the United States
364
CHAPTER XXIII
371
166 Contemporaneous Declarations and Prior Negotiations
377
167 Practical Construction by Parties
383
168 Casus Omissus
387
169 Discrepancies between the Two Texts
389
170 Construed in the Light of Accepted Principles of Interna tional
394
171 General Rules 606
399
The American Construction of the MostFavoredNation Clause
404
173 Administration on Estates of Deceased Aliens
411
177 Rights of Residence
417
CHAPTER XXV
423
180 Rebus Sic Stantibus
440
182 Effect of Infractions
456
186 Repeal of Treaty as Municipal Law in the United States
462
Belgium
469
Colombia
483
German Empire
501
Great Britain
512
Greece
539
Japan
547
Netherlands
558
Salvador
565
Sweden and Norway
580
Switzerland
586
Discriminatory Legislation
606
Property Rights in Ceded Territory
621
APPENDIX II
635
Index
646
Copyright

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Page 273 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Page 273 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Page 24 - No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king prince or foreign state ; nor shall the united states in congress assembled, or any of them, grant...
Page 638 - President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
Page 530 - ... upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed...
Page 160 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Page 465 - By the Constitution a treaty is placed on the same footing, and made of like obligation, with an act of legislation. Both are declared by that instrument to be the supreme law of the land, and no superior efficacy is given to either over the other. When the two relate to the same subject, the courts will always endeavor to construe them so as to give effect to both, if that can be done without violating the language of either; but if the two are inconsistent, the one last in date will control the...
Page 202 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted as soon as possible, according to the principles of the Federal constitution, to the enjoyment of all the rights, advantages, and immunities, of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Page 273 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Page 225 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States.

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