Questions tagged [treaty]
The treaty tag has no usage guidance.
64 questions
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Would antimatter weapons be considered nuclear weapons under international law?
Was debating whether this should go here or in worldbuilding, but this is a real legal question and there are already other hypothetical nuclear weapons questions here.
Scenario: some country/company ...
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Finding Text of Negotiations for Biodiversity Convention
I'm currently reading the Biodiversity Convention (CBD) 1992 and came across this passage:
"The Contracting Parties, Conscious of the intrinsic value of
biological diversity and of the ...
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Is there any limit to the US federal government's power to cede territory through the Treaty Clause?
The Boundary Treaty of 1970 ceded to Mexico the Horcón Tract, a piece of land that was part of the state of Texas. (In fact, it even had inhabitants at the time.)
It's been claimed that the consent of ...
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Can a state get away with failing to comply with treaty obligations during wartime?
During wartime, when a state claims that its administrative authority to enforce laws is limited by the urgent circumstances of war, and thus it could not comply with its obligations under a treaty to ...
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Which countries have an agreement with the US that specifically exempts dual nationals from induction into the US military in the event of a draft?
I was reading the "Dual Nationals" section on Selective Service System's website, found here. It states that some dual nationals would be exempt from induction into the military in the event ...
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Can a country choose to only partially ratify a treaty?
Let's say that Country A wants to enter into UNCLOS. However, it doesn't like certain provisions of UNCLOS. Is it legally possible de jure (not de facto, since countries clearly can just establish the ...
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In Canada, would becoming a republic require indigenous consent?
I hear some people claiming this is correct. I genuinely have not even the slightest understanding of how someone could reach that conclusion.
Treaties do not require any of the parties to maintain ...
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Why is the Treaty of Waitangi not considered a legal document?
The Treaty of Waitangi is a founding text in New Zealand, which documents a political agreement signed in 1840 between Captain William Hobson as consul for the British Crown, and a number of Māori ...
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can states interpret an international law however they want? [closed]
can they even interpret it to effectively negate the rule of not using domestic law as a justification for non fullfilment of obligations by interpreting the treaty in a way that suits them ?
user49663
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Why are magic mushrooms generally regarded as subject to the UN Convention on Psychotropic Substances while khat is not
The UN Convention on Psychotropic Substances lists the following substances, inter alia:
cathinone - Schedule 1
cathine - Schedule 3
psilocin - Schedule 1
psilocybin - Schedule 1
Neither khat, which ...
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Are there any other ways to effect "responsibility to protect" without a UN security council approval?
“Responsibility to protect” is a UN pledge against genocide, ethnic cleansing and crimes against humanity which allowed states to authorise force as a last resort against other states if those crimes ...
user49663
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Was it legal to shoot down the Chinese balloon?
Recent news headlines read: "US fires air-to-air missile and takes down alleged Chinese spy balloon." It happened in February 4th, 2023.
The balloon, as far as we know, was not armed and did ...
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Is there a "court of law" for treaty disputes between nations?
For example, say the USA and Canada sign a treaty. But then Canada feels that the USA broke the treaty, but the USA maintains that they didn't. Is there some "court of law" equivalent where ...
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Internal country rules for repealing a treaty
Most countries have rules and procedures set (usually) in their constitution about how to sign and ratify international treaties and what standing they have compared to the laws and the constitution ...
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on what matters does the ICJ have compulsory jurisdiction?
in the ICJ statute it is stated
The jurisdiction of the Court comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in ...
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who has the power to interpret the UN charter?
does the power to interpret the UN charter explicitly fall within the hands of the state parties ? and what would be the consequences of multiple state parties having different interpretations ?
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Does an MLAT request have an age limit?
Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
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Minimum sentence for Mutual Legal Assistance Treaty (MLAT) request
I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT ...
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Since the UN charter is amendable easily. What is stopping nations from amending it to have less UN obligations?
It seems like a pretty intuitive thing to do. They could even invalidate various treaties they have signed.
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Married couple traveling abroad, what proof exists
When traveling abroad, how does a nation state know that a couple is married?
What laws are in place regarding hospitalization and next of kin?
What happens to a same-sex couple traveling to a nation ...
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What does the lawful sanctions clause in international convention on torture mean?
In Article 1 of international convention on torture. It states the following
It does not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions
How is this ...
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Are there any Limitations to how much and what can be amended or abolished in the UN charter and ICJ statute
It seems like there aren't rules for amendment for ICJ and UN charter beyond a procedure for how they are to be amended. Does the UN or ICJ have a basic structure doctorine or entrenched clause that ...
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What gives rise to binding obligations at international law?
There are many international agreements, declarations, and norms. Which of these give rise to obligations that are binding on nation states at international law?
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What is the definition of "Race" used in ICERD?
It seems like it's not defined in the convention (International Convention on the Elimination of all forms of Racial Discrimination). But does race only mean colour in the convention?
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Does a treaty have to be compatible with the US constitution to be implemented?
What would be the effect of the United States ratifying a treaty that is incompatible with its constitution?
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Can countries that apply the dualist approach to international law indefinitely delay the implementation of a treaty into domestic law?
And can states be held accountable for any violations of the treaty that occurred before they incorporated the treaty into domestic law ?
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What happens if a Constitutional amendment passed after ratification of a treaty contradicts that treaty?
Suppose a Constitutional amendment was passed establishing an absolute right to circumvent DRM. This is in direct contradiction to the WIPO copyright treaty, which requires signatory countries (...
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Can the Canadian administration ("government") enter into international agreements, treaties etc. binding Canada without legislative ratification?
According to Wikipedia citing a CBC coverage Canadian Minister of Foreign Affairs, Mélanie Joly told to reporters that "[u]nder the Canadian system the government, the executive branch, has ...
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Would the EU's common security and defense policy force the entire EU to war with Russia if Ukraine joins?
Given that the common security and defense policy "also entails collective self-defence amongst member states" with the only (and debated) exceptions being Austria, Ireland, Finland, Malta ...
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Could the President, Senate, and a foreign country circumvent the House to pass a law?
If the Senate and President wanted to pass a law, but the House of Representatives voted against it, could the President and Senate pass it by including it in a treaty with a foreign country (assuming ...
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How unconventional or precedented was Judge Baraitser's claim that UK-signed international treaties are unbinding or even irrelevant to UK courts?
How unconventional or precedented was Judge Baraitser's claim that UK-signed international treaties are unbinding or even irrelevant to UK courts?
In ruling on Julian Assange's extradition, she ...
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Could a country be formed in Antarctica if the new country didn't sign the Antarctic act?
If somebody left their country with a few hundred or even thousand others, took supplies and all materials needed to start there, could somebody form a country in Antarctica?
The first answer is ...
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Does secret or semi-secret prior art invalidate granted patents when presented?
An example would be inventions from the former Soviet Union that were officially secret, then some became semi-secret as they leaked into the public realm but so obscure that only very narrow circles ...
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What are "a state's natural persons"?
I'm not asking about the definition of "natural person." I'm asking about the definition of the relationship between the state and the person that justifies the use of the grammatical ...
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Is there a tax treaty between US and Egypt?
I'm a non-US citizen and I was asked to fill a Form W-8BEN. I googled and I know that there is a tax treaty between US and Egypt but I still don't know the percentage (default tax is 30%). It is also ...
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Belgium's historical Charter for indefinite access to UK waters
In 1666 King Charles II issued the Fisheries Privilege Charter granting 50 fishermen from the city of Bruges ‘eternal access’ to British waters, and the EU are now trying to 'grandfather' this treaty. ...
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Did the UK Prime Minister just accidentally claim to have committed treason?
Section 3 of the Treason Felony Act 1848 says:
If any person whatsoever shall, within the United Kingdom or without, compass, imagine, invent, devise, or intend to deprive or depose our Most Gracious ...
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Being convicted in one jurisdiction and serving the sentence in another
After William Boychuk, a Canadian, was convicted of murder in North Carolina, he was allowed to serve his life sentence in Canada.
Now the New Zealand mosque terrorist has been sentenced to life ...
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Can a citizen be denied access to their own country?
With decades of international treaties covering refugees, asylum, diplomats, espionage, and countless other interesting and relevant topics to international politics, is there any international treaty ...
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Does violating an international treaty have any legal consequence in United States?
I'm asking in general and also specifically in the example I'm going to show. In my country, international treaties have constitutional level since 1994, which means a violation of an international ...
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International law vs Treaty vs International agreement
What is the difference between International law, treaty and international agreement?
What are the consequences if one country fails to obey international law or fails to meet obligations?are they ...
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Is the Belfast Agreement a treaty?
How does the Belfast Agreement
take legal effect?
Is it a treaty?
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Which supersedes the other, laws or treaties?
The Supremacy Clause of the U.S. Constitution states that the Constitution, laws and treaties are the supreme law of the land. Obviously, the Constitution supersedes both laws and treaties, but which ...
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Which countries grant extraterritoriality to US citizens?
Some countries have ceded, to the United States, some control in the application of their own laws within their own borders.
A historical example would be the Treaty of Wanghia, signed with China in ...
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Does anything in international law limit a country's ability to recognize secession governments?
In 1903, Panama separated from Colombia. Colombia tried to forcefully retake Panama, but Panama quickly allied with the U.S. which easily prevented the reunification. Some view this as the U.S. ...
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Vienna Convention on Road Traffic(1968) Letters Only Vehicle Registration Plate
There is a large media scandal in Romania about a car that had a preferential number from another country. According to police, the number was illegal because was having letters only and no digits so ...
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What are the implications of the Good Friday Agreement for customs controls?
After the Good Friday Agreement was concluded, customs and security controls between the Republic of Ireland and the United Kingdom were removed (From Wikipedia). The Irish border is one of the major ...
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Who is to enforce the UDHR and the Charter of the UN?
Who is to enforce the Charter of the United Nations and The Universal Declaration of Human Rights ? The governments or the citizens of the member countries?
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Does the Geneva Convention on Road Traffic prohibit driverless cars?
The 1949 Geneva Convention on Road Traffic, which the United States and several other countries have ratified, states the following (emphasis added):
Chapter II, Article 8, Section 1 (reprinted in ...
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Are there international treaties preventing states from taxing property transfers out of it?
With the goal of discouraging companies and high net worth individuals from leaving the country to save taxes by taxing wealth leaving the country by a multiple of the taxes due per year if they ...
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