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. ...
- 240k
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 ...
- 31.1k
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 ...
- 13.3k
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, ...
- 164
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 ...
- 81
8
votes
Can a state get away with failing to comply with treaty obligations during wartime?
Strictly, the outbreak of war does not necessarily lead to termination or suspension of treaty obligations. Many treaties are intended to be binding especially in times of war (see the Annex to the ...
- 72.6k
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....
- 217k
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., ...
- 240k
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) ...
- 72.6k
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 ...
- 226k
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 ...
- 240k
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 ...
- 40.1k
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 ...
- 226k
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 ...
- 217k
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 ...
- 226k
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) ...
- 209
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 ...
- 226k
4
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 ...
- 3,802
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 ...
- 217k
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 ...
- 226k
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 ...
- 226k
4
votes
Accepted
Can a country choose to only partially ratify a treaty?
Broadly speaking: "yes, but..."
Such declarations are called 'reservations'.
A reservation is a declaration by a state made upon signing or ratifying a treaty that the state reserves the ...
- 19.3k
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. ...
- 217k
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 ...
- 35.4k
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 (...
- 217k
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, ...
- 6,398
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....
- 240k
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 ...
- 20.5k
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 ...
- 72.6k
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 ...
- 226k
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