Treaties, Their Making and EnforcementThe Lawbook Exchange, Ltd., 2005 - Počet stran: 663 Crandall, Samuel B. Treaties, Their Making and Enforcement. Washington, D.C.: John Bryne & Co., 1916. xxxii, 663 pp. Reprint available March, 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-492-4. Cloth. $140. * Reprint of the second edition. Crandall analyzes agency and the right of ratification, the essentials of validity, the reality of consent and the operation of treaties from the date they take effect to their interpretation and termination. It explores treaty-making in the United States in great depth, including treaties made before and during the Articles of Confederation era, and discusses treaty-making in Germany, Great Britain, France, Belgium, Italy, Denmark, Switzerland and other countries. This important treatise was first published in 1904. The second edition is preferable because it is a substantially expanded work. |
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Výsledky 1-5 z 90
Strana vii
... Negotiation and Ratification of the first Treaties with France §19 . Amendment of Text of Treaty recommended by the ... Negotiations §16 . Power of Seven States to modify Instructions §17 . Treaties Concluded during this Period **** 24 ...
... Negotiation and Ratification of the first Treaties with France §19 . Amendment of Text of Treaty recommended by the ... Negotiations §16 . Power of Seven States to modify Instructions §17 . Treaties Concluded during this Period **** 24 ...
Strana ix
... Negotiations , or of Foreign Policy ..... $ 59 . Modi Vivendi §60 . Miscellaneous Instances $ 61 . Agreements in Execution of Treaty Stipulations CHAPTER IX . Page . Agreements Reached by the Executive in Virtue of Acts of 102 108 III ...
... Negotiations , or of Foreign Policy ..... $ 59 . Modi Vivendi §60 . Miscellaneous Instances $ 61 . Agreements in Execution of Treaty Stipulations CHAPTER IX . Page . Agreements Reached by the Executive in Virtue of Acts of 102 108 III ...
Strana xii
... Negotiations §167 . Practical Construction by Parties 377 383 $ 168 . Casus Omissus 387 §169 . Discrepancies between the Two Texts §170 . Construed in the Light of Accepted Principles of Interna- 389 tional Law $ 171 . General Rules 394 ...
... Negotiations §167 . Practical Construction by Parties 377 383 $ 168 . Casus Omissus 387 §169 . Discrepancies between the Two Texts §170 . Construed in the Light of Accepted Principles of Interna- 389 tional Law $ 171 . General Rules 394 ...
Strana 2
... negotiations , are defined by special commissions and instructions . By the early writers on international law , living at a time when the theory of personal sovereignty generally obtained , and the negotiator was the im- mediate agent ...
... negotiations , are defined by special commissions and instructions . By the early writers on international law , living at a time when the theory of personal sovereignty generally obtained , and the negotiator was the im- mediate agent ...
Strana 3
... negotiate but not to sign , and were signed by the minor king without any reference to the regency . A recent instance is found in the negotiations for peace between China and Japan in 1895 , in which the powers first pre- sented by the ...
... negotiate but not to sign , and were signed by the minor king without any reference to the regency . A recent instance is found in the negotiations for peace between China and Japan in 1895 , in which the powers first pre- sented by the ...
Obsah
109 Miscellaneous Subjects | 262 |
110 Extent and Limitations of the TreatyMaking Power as Vested in the Central Government | 265 |
SIII Suits of a Civil Nature | 269 |
113 Writ of Habeas Corpus | 272 |
FOREIGN STATES | 277 |
CHAPTER XVIII | 279 |
116 Treaties Involving the Finances | 280 |
118 General Legislation to Give Effect to Treaties Naturalization | 282 |
49 | |
51 | |
56 | |
62 | |
68 | |
75 | |
81 | |
89 | |
95 | |
98 | |
102 | |
108 | |
58 Agreements as Basis of Future Negotiations or of Foreign Policy III | 111 |
59 Modi Vivendi | 112 |
60 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 |
Page | 158 |
71 Operation without Congressional Action | 160 |
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 |
Convention with France of 1831 | 174 |
Treaty with Russia of 1867 | 175 |
Views of Authorities | 177 |
81 Conclusion | 178 |
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 |
89 Conclusion | 195 |
CHAPTER XIV | 200 |
92 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 |
97 Treaty with Russia of 1867 | 210 |
98 Treaty with Spain of 1898 | 212 |
Power to Cede Territory | 220 |
CHAPTER XV | 230 |
101 Apprehension of Deserting Seamen | 233 |
102 Jurisdiction of Foreign Consuls | 234 |
103 Protection of Industrial Property | 236 |
104 Miscellaneous Cases | 239 |
Japan | 240 |
CHAPTER XVI | 246 |
106 Treaties for Removal of Alien Disability | 247 |
107 Discriminatory Legislation | 252 |
108 Administration of Estates of Deceased Aliens | 260 |
119 Extradition | 284 |
Norway | 285 |
120 Apprehension of Deserting Seamen | 286 |
122 Miscellaneous Subjects | 288 |
123 Treaties Affecting Private Rights | 289 |
124 Treaties for Cession of Territory | 292 |
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 |
133 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 |
142 AustriaHungary | 327 |
143 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 |
CHAPTER XXI | 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 Law | 394 |
171 General Rules | 396 |
173 Administration on Estates of Deceased Aliens | 411 |
CHAPTER XXV | 423 |
180 Rebus Sic Stantibus | 440 |
182 Effect of Infractions | 456 |
185 Termination in the United States in case of Adverse Breach | 462 |
Belgium | 469 |
Colombia | 483 |
Persia | 560 |
Spain | 566 |
Sweden and Norway | 580 |
Switzerland | 586 |
Discriminatory Legislation | 606 |
Property Rights in Ceded Territory | 621 |
APPENDIX II | 635 |
Index | 641 |
Denmark | 647 |
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1st Sess 2d Sess act approved act of Congress adopted advice and consent advised agreement amendment American April April 11 Articles of Confederation August August 11 Austria-Hungary authority boundary Britain British ceded cession citizens claims clause Committee concluded concurring Cong Constitution convention Cranch December December 11 declared duties exchange of ratifications executive expressly extradition February February 22 Federal France French give effect Gouverneur Morris January January 24 Jefferson July July 24 June June 15 jurisdiction Justice land legislative legislature ment Messages and Papers minister Moore nation negotiations November November 29 October opinion Parliament parties payment Porto Rico President and Senate proposed protocol provision Prussia question ratification reciprocity repeal resolution respect Secretary Senate September signed Spain Stats statute submitted Supreme Court supreme law territory tion treaty of commerce treaty of peace treaty-making power United vested Virginia vote
Oblíbené pasáže
Strana 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...
Strana 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.
Strana 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...
Strana 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.
Strana 161 - 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...
Strana 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.
Strana 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...
Strana 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.
Strana 128 - States at the time of the first publication of his work ; or (b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens...
Strana 210 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...