| Pineschi - 1997 - 380 páginas
...international obligation. As early as 1804, Chief Justice Marshall said: "It has also been observed that an act of Congress ought never to be construed to...nations if any other possible construction remains.... These principles are believed to be correct, and they ought to be kept in view in construing the act... | |
| S. James Anaya - 1996 - 282 páginas
...the US Supreme Court stated in Murray v. The Schooner Charming Betsy, 6 US (2 Cranch) 64, 118 (1804), "an act of congress ought never to be construed to...nations, if any other possible construction remains." In this same vein, Chief Justice Dickason of the Canadian Supreme Court, in speaking for the majority... | |
| Wilbur L. Fugate, Lee H. Simowitz - 1997 - 1320 páginas
...Matsushita Elec. Indus. Co., 494 F. Supp. 1161, 1178 (ED Pa. 1980), the Supreme Court has said that "an act of Congress ought never to be construed to...nations, if any other possible construction remains." Murray v. The Schooner Charming Betsy, 6 US (2 Cranch) 64, 118, 2 L. Ed. 208 (1804). 10The Rose Mary,... | |
| Academie de Droit International de la Haye - 1998 - 436 páginas
...nations"738. It was against that backdrop that the Court declared, in the Charming Betsy case that "an act of congress ought never to be construed to...law of nations if any other possible construction remains"739. Unlike modern United States judges, who lack "the diplomatic expertise of early Justices... | |
| Adamantia Pollis, Peter Schwab - 2000 - 280 páginas
...which involved the rights of neutral shipping, Chief Justice Marshall staked out the position that an act of Congress ought never to be construed to...law of nations if any other possible construction remains.19 There seems to be an even broader point here. What goes for a federal statute must, under... | |
| Georges Abi-Saab, Laurence Boisson De Chazournes, Vera Gowlland-Debbas - 2001 - 872 páginas
...The starting point for this 'reconciliation' was the well-established Charming Betsy" principle, that "an act of Congress ought never to be construed to...nations if any other possible construction remains". Only if the Congress had clearly stated that its intention was indeed to violate the Headquarters Agreement... | |
| Michael Bochenek, A. Widney Brown - 2001 - 226 páginas
...Gay-Straight Alliances" section. M" When interpreting statutes, the courts follow the principle that "an Act of Congress ought never to be construed to...nations if any other possible construction remains . . . ." Murray v. Schooner Charming Betsy, 6 US (2 Cranch) 64, 1 18 (1804) (Marshall, CJ). M12Mass.... | |
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