Treaty obligation

“ By the Law of Nations, in the absence of any express stipulation, a treaty is of perpetual obligation on both parties,—to be abrogated only by a new treaty having the assent of both parties, or by the act of one party, alleging bad faith or hostile intent in the other, and on this account declaring before the civilized world a release from all its obligations. ”

“ Speaking generally, the object of treaties can be an obligation concerning any matter of interest for States. Since there exists no other law than International Law for the intercourse of States with each other, every agreement between them regarding any obligation whatever is a treaty. However, the Law of Nations prohibits some obligations from becoming objects of treaties, so that such treaties as comprise obligations of this kind are from the very beginning null and void. ”

“ The idea of a requisition of a foreign nation upon the judiciary of another, much more upon the humble magistrate of another, demanding, as of right, the fulfilment of treaty obligations, is certainly novel, and one that I would not willingly attribute to the distinguished men who negotiated this one, nor to the governments that ratified it. So extraordinary an interpretation ought not to be given to the instrument, unless upon the plainest and most imperative terms. ”

“ A judicial determination that an act of Congress is to prevail over a treaty does not relieve the Government of the United States of the obligations established by a treaty. The distinction is often ignored between a rule of domestic law which is established by our legislative and judicial decisions and may be inconsistent with an existing Treaty, and the international obligation which a Treaty establishes. ”

“ The making of a treaty is sometimes accompanied by acts intended to secure its better performance. The taking of oaths, the assigning of "conservatoires pacis" and the giving of hostages are now obsolete, but revenue is mortgaged, territory is pledged, and treaties of guarantee are entered into for this purpose.
A “transitory convention” operates at once, leaving no duties to be subsequently performed, but with reference to conventions of other kinds questions arise as to the duration of the obligation created by them ”

“ A Treaty, as an international agreement, may by a time limit contained in it, cease to be effective between the contracting parties by the expiry of the time limited, or it may cease to bind the contracting parties by some agreed method of abrogating it or by denunciation or some internationally recognised and accepted process of bringing its obligation to an end, or it may be modified or altered by new agreement or supplemental treaty between the contracting parties. ”

“ It is taken for granted that the contracting parties intend something reasonable, something adequate to the purpose of the treaty, and something not inconsistent with generally recognised principles of International Law nor with previous treaty obligations towards third States. ”

“ Union State Bank, 281 U.S. 449, 50 S.Ct. 363, 74 L.Ed. 956, this Court took pains in its construction of a treaty, relating to the power of an alien to dispose of property in this country, not to invalidate the provisions of state law governing such dispositions. Frequently the obligation of a treaty will be dependent on state law. Prevost v. Greneaux, 19 How. 1, 15 L.Ed. 572. But state law must yield when it is inconsistent with or impairs the policy or provisions of a treaty or of an international compact or agreement. ”

“ A further cause of the termination of treaty obligations is a total change of circumstances, since a clause “rebus sic stantibus" is said to be a tacit condition in every treaty. [3] Such a contention can only be very cautiously admitted. ”

“ Am I borne out in this declaration by the clause referred to? That I am, seems to me susceptible of demonstration. To the President and Senate has been imparted the power of making treaties. Well, what is a treaty? If a word have a known signification by the common consent of mankind, and it be used without any qualification in a law, constitution, or otherwise, the fair inference is that the received import of such word is intended to be conveyed. ”

“ No nation looks, in its intercourse, under a treaty, with another to any but the executive government. Every nation has a right to say with what act she will be satisfied as fulfilling a treaty stipulation, the other party to the treaty reserving the same right. ”

“ It is very difficult to understand how any different doctrine can be sustained. A treaty is primarily a compact between independent nations. It depends for the enforcement of its provisions on the interest and the honor of the governments which are parties to it. ”

“ MITCHELL. The people, in forming their Constitution, had an eye to that law of nations which is deducible by natural reason, and established by common consent, to regulate the intercourse and concerns of nations. With a view to this law the treaty-making power was constituted, and, by virtue of this law, the government and people of the United States, in common with all other nations, possess the power and right of making acquisitions of territory by conquest, cession, or purchase. ”

“ Enough has been said to show, that, if such a sovereignty could be exercised after a treaty has been signed, it would be a power to change materially the relations which the people of a ceded territory had to each other ”

“ When, under the terms of the treaty or by reason of the limited number of the negotiating States and the object and purpose of the treaty, the participation of any other State in the treaty must be considered as requiring the consent of all the parties or of all the contracting States, the newly independent State may establish its status as a party or as a contracting State to the treaty only with such consent. ”

“ What demonstrates the entire propriety of this construction is, that in the 18th article of the treaty, the terms 'subjects,' 'people,' and 'inhabitants,' are indiscriminately used as synonymous, to designate the same persons in both countries, and in cases obviously within the scope of the preceding articles. Indeed, in the language of the law of nations, which is always to be consulted in the interpretation of treaties, a person domiciled in a country, and enjoying the protection of its sovereign, is deemed a subject of that country. He owes allegiance to the country, while he resides in it ”

“ A "personal treaty," having reference to dynastic interests, is contrasted with a "real treaty," which binds the nation irrespectively of constitutional changes; treaties creating outstanding obligations are opposed to "transitory conventions," e.g., for cession of territory, recognition of independence, and the like, which operate irrevocably once for all, leaving nothing more to be done by the contracting parties; and treaties in the nature of a definite transaction (Rechtsgeschäft) are opposed to those which aim at establishing a general rule of conduct (Rechtssatz) . ”

“ Did not a treaty stipulation require the United States to 'endeavor by all means in their power to protect and defend this property?' Did not a treaty stipulation require us to 'extend to them all favor, protection and help?' Did not a treaty stipulation bind us to 'restore, entire, the property, to the true proprietors, as soon as due and sufficient proof should be made concerning the same?' If not, then is there no force and meaning in language; and the words of solemn treaties are an idle breath, of which nations may be as regardless as of the passing wind. ”

“ Whether the stipulations of a treaty are to be considered as an affirmance, or an exception or an explanation, may sometimes appear upon the face of the treaty; sometimes, being naked stipulations, their character must be determined by resorting to other evidences of the Law of Nations. ”

“ A newly independent State may also exercise, under the same conditions as the other parties or contracting States, any right provided for in the treaty to withdraw or modify any consent expressed or choice made by itself or by the predecessor State in respect of the territory to which the succession of States relates. ”

“ The stipulations in this treaty are nearly all of such nature as not to respect objects of legislation. They respect objects which lie beyond the bounds of our sovereignty; and beyond these limits our laws cannot extend, as rules to regulate the conduct of subjects of foreign powers; and although some of these stipulations respect objects which are within the reach of our sovereignty, yet it is in such manner as to be not only pertinent, but perhaps absolutely necessary in forming the treaty. ”

“ The National Government, by virtue of its control of our foreign relations is entitled to employ the resources of diplomatic negotiations and to effect such an international settlement as may be found to be appropriate, through treaty, agreement, of arbitration, or otherwise. ”

“ Chairman, I conceive that neither the life nor property of any citizen, nor the particular right of any state, can be affected by a treaty. The lives and properties of European subjects are not affected by treaties, which are binding on the aggregate community in its political, social capacity. ”

“ The international treaties or agreements regularly ratified or approved have, as soon as they are published, an authority superior to that of the laws, subject for each treaty or agreement, to its application by the other party. ”

“ A party which, under the provisions of the present Convention, invokes either a defect in its consent to be bound by a treaty or a ground for impeaching the validity of a treaty, terminating it, withdrawing from it or suspending its operation, must notify the other parties of its claim. ”

“ When a nation binds itself by treaty, either to permit the entry of certain goods from one foreign country which it prohibits from all others, or to exempt the goods of one country from duties to which it subjects those of all others, the country, or at least the merchants and manufacturers of the country, whose commerce is so favoured, must necessarily derive great advantage from the treaty. ”

“ Paasche, ‘that the government will undertake a thorough revision of all the treaties containing the most favored-nation clause. Promises of this kind were made to us in committee. We have absolutely no occasion to concede anything to such nations as are glad to take what we give by treaty to other countries without making us any concessions in return. The United States has introduced a limitation of the most-favored-nation clause; we have every reason to act in precisely the same manner. ”

“ You know that almost all publicists and also almost all Governments assert the existence of a customary rule according to which a vital change of circumstances after ratification of a treaty may be of such a kind as to justify a party in demanding to be released either from the whole treaty or from certain obligations stipulated in it. ”

“ The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. ”

“ The two first of these cases establish these principles: that grants of land in a disputed territory, made by a government in possession thereof, during peace with a nation which is entitled to its dominion and propriety, are valid by the law of nations, without any treaty stipulation ”

“ For a State may enter into a treaty between other States for the purpose of guarantee. [900] This kind of accession makes the acceding State also a party to the treaty; but the rights and duties of the acceding State are different from the rights and duties of the other parties, for the former is a guarantor only, whereas the latter are directly affected by the treaty. ”

“ Contracts between nations, as between individuals, must lose their force where the considerations fail.
“A treaty pernicious to the state is of itself void, where no change in the situation of either of the parties takes place. ”

“ Treaties and Conventions with foreign powers shall be recorded at the King's Council, and signed by the King in his Council, with the advice of the majority of his Ministers, who are bound to countersign it before the treaty can take effect. It shall then become the supreme law of the State, and the Ministers who shall have signed it shall be all and each responsible therefor.
No treaty of commerce can take place without the previous consent of the Minister of Commerce, which shall be given and confirmed by his signature before the treaty shall be submitted to the Council. ”

“ Treaties are legislative acts. A treaty is the law of the land. It differs from other laws only as it must have the consent of a foreign nation, being but a contract with respect to that nation. In all countries, I believe, except England, treaties are made by the legislative power; and there, also, if they touch the laws of the land, they must be approved by Parliament. ”