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29 votes
Accepted

Could the President, Senate, and a foreign country circumvent the House to pass a law?

Yes. The leading case relevant to the question is Missouri v. Holland, 252 U.S. 416 (1920), in which the U.S. Supreme Court held that a self-executing bird migration treaty could override state law. ...
ohwilleke's user avatar
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16 votes

Can a citizen be denied access to their own country?

The International Covenant on Civil and Political Rights, in effect since 1976 and currently signed by about 179 countries, has in Article 12 Paragraph 4: No one shall be arbitrarily deprived of the ...
Nate Eldredge's user avatar
15 votes

Could the President, Senate, and a foreign country circumvent the House to pass a law?

It depends on the wording and topic of the treaty. Some treaties are considered self-effectuating but others are not. If provisions are not self-effectuating, domestic law must be enacted for those ...
George White's user avatar
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11 votes
Accepted

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

The ICERD would not apply to the natural born citizens clause by its own definitions. Part 1, Article 1, secs 2 and 3 read: This Convention shall not apply to distinctions, exclusions, ...
mightyoscar's user avatar
9 votes

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

One might think that. However, as the Supreme Court in Reid v. Covert, 354 U.S. 1 held that "no agreement with a foreign nation can confer on Congress or any other branch of the Government power which ...
user6726's user avatar
  • 215k
8 votes

Can a citizen be denied access to their own country?

The wikipedia article on "Right of Return" (https://en.wikipedia.org/wiki/Right_of_return) cites several treaties: The right of return principle has been codified in a number of ...
user32290's user avatar
7 votes

Could the President, Senate, and a foreign country circumvent the House to pass a law?

Limits on the subject matter of a treaty are not specified in the Constitution, so we don't know how the Supreme Court will rule, were this to happen. This note tells us what little the court has said....
user6726's user avatar
  • 215k
7 votes

Does a treaty have to be compatible with the US constitution to be implemented?

Does a treaty have to be compatible with the US constitution to be implemented? Yes. A treaty that is incompatible with the U.S. Constitution is void to the extent it is unconstitutional. See, e.g., ...
ohwilleke's user avatar
  • 206k
7 votes

What gives rise to binding obligations at international law?

Generally: treaties, customary international law, and unilateral declarations can give rise to binding obligations The most well-accepted sources of international law are summarized in Article 38(1) ...
Jen's user avatar
  • 51.4k
5 votes
Accepted

Which supersedes the other, laws or treaties?

The U.S. law rule is that treaties and laws are co-equal and that one does not supersede the other. In the U.S., the rule is that the last passed law or treaty prevails, over earlier passed laws or ...
ohwilleke's user avatar
  • 206k
5 votes
Accepted

How unconventional or precedented was Judge Baraitser's claim that UK-signed international treaties are unbinding or even irrelevant to UK courts?

The precedent is very clear and was accurately applied by the judge A treaty does not create domestic law and is only applicable to the extent that it is incorporated into domestic law. She ...
Dale M's user avatar
  • 204k
5 votes

Married couple traveling abroad, what proof exists

When traveling abroad, how does a nation state know that a couple is married? Usually by accepting the couple's verbal statement. Some countries include a remark in a married person's passport with ...
phoog's user avatar
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5 votes

In Canada, would becoming a republic require indigenous consent?

No Amendments to the Constitution of Canada affecting the office of the Monarch (becoming a republic would require its abolition) require the unanimous consent of the legislative assemblies of all of ...
Dale M's user avatar
  • 204k
4 votes
Accepted

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

Most broadly, ratification is the approval, by a principal, of an act by an agent, whereby the agent indicates contingent acceptance (contingent on the principle actually approving). This can be ...
user6726's user avatar
  • 215k
4 votes
Accepted

Does anything in international law limit a country's ability to recognize secession governments?

There is no such limitation Each sovereign state is free to recognise or not recognise another state. Further, each is free to recognise or not recognise a government of a state they recognise. For ...
Dale M's user avatar
  • 204k
4 votes

Being convicted in one jurisdiction and serving the sentence in another

It is possible in principle, in the US, under the Bureau of Prison Treaty Transfer program, so that one could serve your time in Australia for example -- but not New Zealand, which isn't part of a ...
user6726's user avatar
  • 215k
4 votes
Accepted

International law vs Treaty vs International agreement

(Preliminary remark: Your "question" contains at least six questions, half of which are so broad that you might be better served by studying some introductory material on international law.) (Re ¶1) ...
johnl's user avatar
  • 199
4 votes
Accepted

Is the Belfast Agreement a treaty?

Yes, it’s a treaty It’s a treaty between the Republic of Ireland and the United Kingdom of Great Britain and Northern Ireland which both countries have given force to in domestic law. It is also an ...
Dale M's user avatar
  • 204k
4 votes

What happens if a Constitutional amendment passed after ratification of a treaty contradicts that treaty?

A law that conflicts with the Constitution is void The enactment of a treaty is still a law. Even though the US has a Constitutional mechanism for ratifying treaties, once ratified, they are the “law ...
Dale M's user avatar
  • 204k
4 votes

Was it legal to shoot down the Chinese balloon?

Probably The US, like all other nations, has absolute sovereignty over its airspace. There is no clear line between airspace and space but 60,000 feet is clearly in the former. The US, like all other ...
Dale M's user avatar
  • 204k
3 votes
Accepted

Did the UK Prime Minister just accidentally claim to have committed treason?

Do the Prime Minister's current statements mean that his previous actions in signing the Withdrawal Agreement were threatening to "deprive" the monarch of her territory, and that by pushing ...
Matthew's user avatar
  • 3,752
3 votes

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

First, the practical answer is no: even if they ordered the President to go to war, the President can just refuse. The military is generally in the habit of listening to orders from the President, ...
cpast's user avatar
  • 23.8k
3 votes

Does the Geneva Convention on Road Traffic prohibit driverless cars?

Why might this treaty be seen as an issue in Japan but not the US? In the U.S., when there is a conflict between a treaty and a statute enacted by Congress, the last enacted law controls. So, any U.S....
ohwilleke's user avatar
  • 206k
3 votes

State testing unarmed ballistic weapons off some waters abroad?

First of all, the wording in your question hints at the UK deliberately launching a missile (even if it is a test one) towards the USA. Nothing in the news piece you link to support that supposition, ...
SJuan76's user avatar
  • 5,859
3 votes

What consequences are there for use of chemical weapons under the Chemical Weapons Convention and related treaties?

The convention is here. Under Article X para 8, if chemical weapons have been used against a State Party, it may request assistance and may receive assistance and protection against such an attack (...
user6726's user avatar
  • 215k
3 votes
Accepted

Does secret or semi-secret prior art invalidate granted patents when presented?

The patented RSA algorithm (public key exchange) was independently developed by Rivest, Shamir and Adleman. However the algorithm had been found much earlier and secretly by Ellis and Cocks. This was ...
gnasher729's user avatar
  • 33.3k
3 votes
Accepted

Could a country be formed in Antarctica if the new country didn't sign the Antarctic act?

The Antarctic Treaty does not nullify claims or prevent land ownership, and most of Antarctica is claimed by one of a handful of countries. However, these claims are not recognized by most countries. ...
user6726's user avatar
  • 215k
3 votes

Would the EU's common security and defense policy force the entire EU to war with Russia if Ukraine joins?

Yes, for most of them. Article 42.7 TEU If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all ...
o.m.'s user avatar
  • 16.4k
3 votes

What is the definition of "Race" used in ICERD?

Article 1 of International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) defines "racial discrimination" to mean "any distinction, exclusion, restriction ...
Jen's user avatar
  • 51.4k
3 votes

What does the lawful sanctions clause in international convention on torture mean?

It excludes pain and suffering incidental to lawful capital and corporal punishment Many countries around the world still execute people. As far as is known, no form of capital punishment is totally ...
Dale M's user avatar
  • 204k

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