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Mistreating The Treaty Clause
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Book Synopsis Mistreating the Treaty Clause by : Erik S. Laakkonen
Download or read book Mistreating the Treaty Clause written by Erik S. Laakkonen and published by . This book was released on 2007 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Wang v. Masaitis, the Ninth Circuit Court of Appeals held that the President may constitutionally enter into treaties with non-sovereign entities. Contrary to the Framers' intent that the treaty-making power vests exclusively in entities possessing plenary authority over foreign affairs and diplomacy, the Court upheld the Hong Kong Extradition Agreement as constitutional. Relying on a misplaced Second Circuit decision, the Ninth Circuit held that the Treaty Clause of the Constitution is silent as to what constitutes a cognizable treaty partner. The Court filled in this silence by reasoning that because the United States entered into hundreds of treaties with Indian tribes, the Framers must have intended that non-sovereign entities were competent treaty partners. In so holding, the Court ignored the original intent of the treaty power, subsequent Supreme Court case law that presupposed an inter-sovereign treaty power, and commentators' interpretations of the treaty power. Maintenance of the integrity and structure of the Constitution along with peace in the international community require that the President may not constitutionally enter into treaties with non-sovereign entities such as Hong Kong.Section I of this Note discusses the two main United States Court of Appeals decisions addressing the validity of the Hong Kong Extradition Agreement. Section II examines the text and history of the Treaty Clause, including the Framers' intent and Supreme Court interpretation. Section III describes the political history of Hong Kong and its extradition treaty with the United States. Section IV argues that both Circuit Court decisions should be overruled because both erroneously analogized pre-1871 American Indian tribes with Hong Kong and misconstrued the Treaty Clause. The conclusion raises the potential consequences of finding non-sovereigns to be cognizable treaty partners, such as the possibility of concluding treaties with corporations, organizations, or municipalities, the effect of which would be binding upon the States. Because the Framers would not have intended broad federal authority to bind the nation to such unforeseen agreements, the treaty power extends only to sovereign nations, and not to dependent governments like Hong Kong.
Book Synopsis Historical Review of Developments Relating to Aggression by : United Nations
Download or read book Historical Review of Developments Relating to Aggression written by United Nations and published by United Nations Publications. This book was released on 2003 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
Book Synopsis Treaty Politics and the Rise of Executive Agreements by : Glen S Krutz
Download or read book Treaty Politics and the Rise of Executive Agreements written by Glen S Krutz and published by University of Michigan Press. This book was released on 2009-07-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Krutz and Peake’s book . . . puts another stake in the heart of the ‘imperial presidency’ argument.” —Lisa L. Martin, University of Wisconsin–Madison, American Review of Politics “Krutz and Peake reach their conclusions as a result of carefully crafted examination that might be cited as a model of political analysis of this sort . . . As [they] introduce each chapter with a summary of the argument as developed and supported to that point, the reader can enter into and understand their discussion and argument at virtually any point in the book. In sum, Treaty Politics and the Rise of Executive Agreements is a clearly written and important book that adds substantially to the existing literature on the presidency and on presidential-congressional relations.” —Roger E. Kanet, University of Miami, International Studies Review “One can only hope that this fine and challenging book starts an argument, or at least a dialogue, about presidential power in a post-Bush era. It merits the attention of presidency and congressional scholars, and those interested in the interaction of America’s political institutions.” —Michael A. Genovese, Loyola Marymount University, Journal of Politics
Book Synopsis The Law of Treaties by : Robert Kolb
Download or read book The Law of Treaties written by Robert Kolb and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting up-to-date case law and a freshly updated bibliography, this second edition of The Law of Treaties is a valuable addition to contemporary international law scholarship. It offers much-needed clarity on complicated legal cases and questions while maintaining a highly readable style.
Book Synopsis Defending the Rights of Others by : Carole Fink
Download or read book Defending the Rights of Others written by Carole Fink and published by Cambridge University Press. This book was released on 2006-11-02 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the period from 1878 to 1938 explores international minority protections.
Book Synopsis The Rational Design of International Institutions by : Barbara Koremenos
Download or read book The Rational Design of International Institutions written by Barbara Koremenos and published by Cambridge University Press. This book was released on 2003-12-08 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: International institutions vary widely in terms of key institutional features such as membership, scope, and flexibility. In this 2004 book, Barbara Koremenos, Charles Lipson, and Duncan Snidal argue that this is so because international actors are goal-seeking agents who make specific institutional design choices to solve the particular cooperation problems they face in different issue-areas. Using a Rational Design approach, they explore five features of institutions - membership, scope, centralization, control, and flexibility - and explain their variation in terms of four independent variables that characterize different cooperation problems: distribution, number of actors, enforcement, and uncertainty. The contributors to the volume then evaluate a set of conjectures in specific issue areas ranging from security organizations to trade structures to rules of war to international aviation. Alexander Wendt appraises the entire Rational Design model of evaluating international organizations and the authors respond in a conclusion that sets forth both the advantages and disadvantages of such an approach.
Book Synopsis Penal Treaties with Mexico and Canada by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book Penal Treaties with Mexico and Canada written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1977 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Minimum Standard and Fair and Equitable Treatment by : Martins Paparinskis
Download or read book The International Minimum Standard and Fair and Equitable Treatment written by Martins Paparinskis and published by Oxford University Press. This book was released on 2013-01-31 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
Book Synopsis Fair and Equitable Treatment by : Patrick Dumberry
Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
Book Synopsis The Committee to Destroy the World by : Michael E. Lewitt
Download or read book The Committee to Destroy the World written by Michael E. Lewitt and published by John Wiley & Sons. This book was released on 2016-03-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated examination of what's weakening the U.S. economy, and how to fix it The Committee to Destroy the World: Inside the Plot to Unleash a Super Crash on the Global Economy is a passionate and informed analysis of the struggling global economy. In this masterfully conceived and executed work, Michael Lewitt, one of Wall Street's most respected market strategists and money managers, updates his groundbreaking examination of the causes of the 2008 crisis and argues that economic and geopolitical conditions are even more unstable today. His analysis arrives in time for the impending economic and geopolitical debates of the 2016 election season. Lewitt explains in detail how debt has now overrun the world's capacity, how federal policies of the past few decades have created a downward vortex sapping growth and vitality from the American economy, and how greed and corruption are preventing reform. The financial crisis created tens of trillions of debt, leaving investors to pay a huge price for these policy failures: The highest asset inflation we've seen in our lifetimes, although the government claims there isn't enough inflation More than $2 trillion of stock buybacks funded with low cost debt that are artificially inflating stock prices The Federal Reserve and other global central banks becoming the largest buyers of government debt in order to suppress interest rates An M&A boom resulting from companies needing to find growth outside of their core businesses While the financial media misses the story, Lewitt pulls no punches explaining how all of these trends are leading to the brink of another crisis. Lewitt lays out a survival plan for the average investor to protect their assets when the debt bubble bursts. The first edition of this book expressed hope that policymakers would not let the financial crisis go to waste. This book urges investors to learn from the crushed hope and take action before the next crisis.
Book Synopsis Treaty Interpretation by : Richard Gardiner
Download or read book Treaty Interpretation written by Richard Gardiner and published by OUP Oxford. This book was released on 2015-06-18 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This series features works on substantial topics in international law which provide authoritative statements of the chosen areas. Taken together they map out the whole of international law in a set of scholarly reference works and treatises intended to be of use to scholars, practitioners, and students. This book provides a guide to interpreting treaties properly in accordance with the modern rules for treaty interpretation which are codified in the Vienna Convention on the Law of Treaties. These rules now apply to virtually all treaties both in an international context and within many national legal systems where treaties have an impact on a large and growing range of matters. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules but also how these rules have been, and are to be, applied in practice. There is now a considerable body of case law on application of the codified rules. This case law, combined with the history and analysis of the rules, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant legislation. This expanded edition includes consideration of a range of recent cases, takes account of relevant work of the International Law Commission, and has new material addressing matters raised in the growing body of literature on treaty interpretation.
Book Synopsis General International Law in International Investment Law by :
Download or read book General International Law in International Investment Law written by and published by Oxford University Press. This book was released on 2024-02-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Book Synopsis International Protection of Investments by : August Reinisch
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Book Synopsis Engaging Countries by : Edith Brown Weiss
Download or read book Engaging Countries written by Edith Brown Weiss and published by MIT Press. This book was released on 2000 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study systematically examines how states implement and comply with international environmental accords.
Download or read book Current Law Index written by and published by . This book was released on 2007 with total page 1192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Modern Treaty Law and Practice by : Anthony Aust
Download or read book Modern Treaty Law and Practice written by Anthony Aust and published by Cambridge University Press. This book was released on 2007-10-18 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.
Book Synopsis North Atlantic Coast Fisheries Arbitration at the Hague by : Great Britain
Download or read book North Atlantic Coast Fisheries Arbitration at the Hague written by Great Britain and published by . This book was released on 1910 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
