Treaties, Their Making and EnforcementThe Lawbook Exchange, Ltd., 2005 - 663 páginas 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. |
Contenido
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 |
Treaties a Part of the Supreme Law of the Land | 49 |
Jurisdiction of Federal Courts | 51 |
31 In the State Conventions | 56 |
32 Amendments of the Treaty Provisions Proposed by the State | 62 |
34 Advice Sought by Message | 68 |
36 Consultation with Individual Members | 75 |
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 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 |
641 | |
647 | |
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