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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 ...
Someone's user avatar
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11 votes
2 answers
6k views

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 ...
TheEnvironmentalist's user avatar
8 votes
4 answers
721 views

Does the "natural born Citizen" requirement for presidency violate the ICERD?

Article two, clause five of the United States Constitution states: No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, ...
Rhymoid's user avatar
  • 183
7 votes
4 answers
501 views

Can the US government be compelled to honor the NATO treaty?

The North Atlantic Treaty (which establishes NATO) commits each member to mutual defence in case any member is attacked. The treaty has been ratified by the US, so it is legally binding. My question ...
user69715's user avatar
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6 votes
2 answers
294 views

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. ...
Pat-S's user avatar
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6 votes
0 answers
282 views

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 ...
gerrit's user avatar
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4 votes
1 answer
688 views

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?
Jen's user avatar
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4 votes
1 answer
620 views

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 ...
paulj's user avatar
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4 votes
1 answer
146 views

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 ...
user5623335's user avatar
  • 1,202
4 votes
2 answers
490 views

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 ...
WBT's user avatar
  • 4,878
4 votes
0 answers
159 views

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 ...
Flux's user avatar
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3 votes
1 answer
546 views

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?
QuestionsInNeed's user avatar
3 votes
2 answers
1k views

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 ...
Derek Kaplan's user avatar
3 votes
2 answers
70 views

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 ...
chausies's user avatar
  • 4,171
3 votes
1 answer
107 views

Will the Iran nuclear agreement become a treaty if passed?

United States. Question Will the agreement between the United States and Iran regarding their nuclear program become a U.S. treaty if passed by a simple majority of Congress? My understanding is ...
Alexanne Senger's user avatar
3 votes
1 answer
63 views

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 ...
phoog's user avatar
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3 votes
0 answers
197 views

Have "objection to" vs. "acceptance of" a treaty reservation ever had different effects?

The Vienna Convention on the Law of Treaties has provisions with regards to action a state may take in response to a reservation to a treaty. Assume that Article 20 (1-3) do not apply. Article 21: ...
jimsug's user avatar
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2 votes
2 answers
233 views

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 ...
Mindwin Remember Monica's user avatar
2 votes
2 answers
138 views

Is the Belfast Agreement a treaty?

How does the Belfast Agreement take legal effect? Is it a treaty?
52d6c6af's user avatar
  • 533
2 votes
2 answers
7k views

How might this use of the Star Wars logo and universe be legal?

A French book about Star Wars recently came out, giving a psychological approach on the films and characters. The book doesn't contain images, but on the cover, the Star Wars logo is visible, and ...
MicroMachine's user avatar
2 votes
1 answer
98 views

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 ...
Timothy's user avatar
  • 835
2 votes
2 answers
124 views

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 ...
TCooper's user avatar
  • 164
2 votes
1 answer
492 views

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 ...
Zheer's user avatar
  • 387
2 votes
1 answer
197 views

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. ...
Christopher King's user avatar
2 votes
1 answer
826 views

What's the difference between signing and ratifying a treaty?

Am I right in believing that ratification refers to local enforcement of a treaty, upon signing it?
Tobi's user avatar
  • 231
2 votes
1 answer
251 views

State testing unarmed ballistic weapons off some waters abroad?

The Sunday Times reported an unarmed missile had been set off from the submarine off the coast of Florida but, rather than head towards Africa, had veered towards the US. [ BBC News, Trident: ...
user avatar
2 votes
1 answer
244 views

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 ...
Adam Burke's user avatar
2 votes
1 answer
41 views

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 ...
user avatar
2 votes
1 answer
80 views

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 ...
WhyDenounce's user avatar
2 votes
1 answer
171 views

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 ...
user1121883's user avatar
2 votes
1 answer
278 views

What would be involved in breaking or renegotiating NAFTA?

A couple weeks ago, a Republican candidate for president suggested that if elected, he'd renegotiate NAFTA or break it. What would be involved in either of those processes? Or specifically: Repeal/...
Nick T's user avatar
  • 211
2 votes
1 answer
401 views

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 ...
eflued's user avatar
  • 21
2 votes
2 answers
85 views

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 ?
user48833's user avatar
2 votes
1 answer
71 views

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 ...
user5623335's user avatar
  • 1,202
1 vote
2 answers
58 views

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?
Vrjegehevrbb's user avatar
1 vote
2 answers
116 views

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 ...
kisspuska's user avatar
  • 3,934
1 vote
1 answer
69 views

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 ...
M. Y. Zuo's user avatar
  • 342
1 vote
1 answer
43 views

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 ...
None's user avatar
  • 11
1 vote
1 answer
221 views

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 ...
Pablo's user avatar
  • 1,019
1 vote
1 answer
349 views

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?
KMax's user avatar
  • 21
1 vote
1 answer
189 views

The use of "otherwise" in law or treaty context

The word "otherwise" is often seen in some law or treaty provisions. I am not sure about the use of otherwise and how it is actually used in these contexts. I am not a native speaker of English, and ...
nanjun's user avatar
  • 111
1 vote
0 answers
90 views

Canada–United States Boundary Commission – Treaty of 1925

The International Boundary Commission, which maintains the three-meter-(almost 20-foot)-wide "boundary vista" along the border, claims authority to grant or deny permission to build anything within ...
Michael Hardy's user avatar
1 vote
0 answers
38 views

Nature of the Preliminary Articles of Peace of 1782

http://avalon.law.yale.edu/18th_century/prel1782.asp The Preliminary Articles of Peace at the URL above appear to be identical to the peace treaty usually said to be dated 1783 and ratified in 1784. ...
Michael Hardy's user avatar
0 votes
3 answers
151 views

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 (...
Someone's user avatar
  • 17.1k
0 votes
2 answers
81 views

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 ...
Michael Hardy's user avatar
0 votes
1 answer
77 views

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 ...
LegalNonExpert's user avatar
0 votes
2 answers
76 views

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 ...
Gouvernathor's user avatar
0 votes
3 answers
314 views

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 ...
AbolishHumanSlaughterhouses's user avatar
0 votes
1 answer
61 views

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.
Rbjegejwbsvd's user avatar
0 votes
2 answers
115 views

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 ?
QuestionsInNeed's user avatar