Treaties, Their Making and Enforcement

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J. Byrne, 1916 - 663 páginas

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CHAPTER V
53
32 Amendments of the Treaty Provisions Proposed by the State
62
34 Advice Sought by Message
68
36 Consultation with Individual Members
75
41 Specific Amendments Advised
81
46 Consent to Extension of Period for Exchange of Ratifications
89
Treaties Withheld from the Senate
95
Italy
98
CHAPTER VIII
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
111
Modi Vivendi
112
60 Miscellaneous Instances
114
115 Power to Make Treaties a Prerogative of the Crown
115
61 Agreements in Execution of Treaty Stipulations
117
Mexico
118
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
Ah Fawn United States v 57 Fed 591 475
146
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
76 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
180
CHAPTER XIII
183
83 Convention with Great Britain of 1815
184
84 Convention with France of 1822
188
86 Convention with the States of the German Zollverein of 1844
189
87 Convention with Great Britain of 1854
190
88 Subsequent Conventions for Commercial Reciprocity
191
Views of Authorities 81 Conclusion
195
CHAPTER XIV
200
American Insurance Co v Canter 1 Pet 511 200 201 206 570
201
Legislation to Give Effect to Stipulations for Incorporation of Territory
202
94 Treaty with Spain of 1819
205
Treaties with Mexico of 1848 and 1853
207
96 Organization of Various Western Territories
209
Treaty with Russia of 1867
210
Treaty with Spain of 1898
212
American Railroad Co of Porto Rico v Birch 224 U S 547
216
99 Power to Cede Territory
220
99
222
CHAPTER XV
230
101 Apprehension of Deserting Seamen
233
121
234
103 Protection of Industrial Property
236
110 Extent and Limitations of the TreatyMaking Power as Vested in the Central Government
265
133
274
Kansas Texas Coal Co 183 U S 185
275
123 Treaties Affecting Private Rights
279
125 Submission of Treaties to Parliament Before Ratification
298
129 National Assembly of 18711875
307
135
312
136 Treaties Not Submitted for Approval of Chambers
314
141
323
145
328
143 Sweden
329
144 Norway
330
145 Denmark
331
146 Spain
332
147 Portugal
333
149 Greece
335
151 Russia and Japan
336
153
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
161
358
162
361
163 Questions for the Courts and for the Political Departments in the United States
364
165
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 Law
394
171
396
140 Italy
413
174
414
175
416
177
417
178
423
180 Rebus Sic Stantibus
440
182 Effect of Infractions
456
APPENDIX I
466
Colombia
483
Breen In re 73 Fed 458 556
487
German Empire
501
British Prisoners The 1 Woodb M 66 232 233
528
Netherlands
558
Salvador
565
Other Foreign States
578
Sweden and Norway
580
Switzerland
586
Discriminatory Legislation
606
Property Rights in Ceded Territory
621
Arton In re 1896 1 Q B 108 286
628
APPENDIX II
635
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Página 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...
Página 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.
Página 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...
Página 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.
Página 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...
Página 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.
Página 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...
Página 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.
Página 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...
Página 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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