Tag: Treaties Interpretation
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Termination of Treaties by Notice
Termination of Treaties by NoticeTypically, a treaty provides for its termination by notice of one of the parties, usually after a prescribed time from the date of notice. Of course, treaties may also be terminated by agreement of the parties, or by breach by one of the parties, or by some other mea…
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Treaty as a Political Question
Status of a Treaty as a Political QuestionIt is clear that many questions which arise concerning a treaty are of a political nature and will not be decided by the courts. In the words of Justice Curtis in Taylor v. Morton: 1 It is not "a judicia…
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International Compacts
Interpretation and Termination of Treaties as International CompactsThe repeal by Congress of the "self-executing" clauses of a treaty as "law of the land" does not of itself terminate the treaty as an international contract, although it may very well provoke the other party to t…
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Determination Whether a Treaty Has Lapsed
Determination Whether a Treaty Has LapsedThere is clear judicial recognition that the President may without consulting Congress validly determine the question whether specific treaty provisions have lapsed. The following passage from Justice Lurton's opinion in Charlton v. Kelly <a name=t1 href=…