Favored Nation Treatment: An Analysis of the Most Favored Nation Clause, with Commentaries on Its Uses in Treaties of Commerce and Navigation |
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Page 17
... Constitution . Thus , British ships in ports of Louisiana , as in the ports of other States of the Union , enjoyed by virtue of treat stipulation national treat- 1 Art . VII . ment , which was denied to French vessels , since 2 FAVORED ...
... Constitution . Thus , British ships in ports of Louisiana , as in the ports of other States of the Union , enjoyed by virtue of treat stipulation national treat- 1 Art . VII . ment , which was denied to French vessels , since 2 FAVORED ...
Page 21
... Constitution of the United States , but they would have been a sur- render of one of the highest attributes of the sovereignty of this whole nation ; they would have disabled this na- tion forever from contracting with any power on ...
... Constitution of the United States , but they would have been a sur- render of one of the highest attributes of the sovereignty of this whole nation ; they would have disabled this na- tion forever from contracting with any power on ...
Page 34
... Constitution of the United States places such provisions as these in the same category as other laws of Congress by its declaration that This Constitution and the laws made in pursuance thereof , and all treaties made or which shall be ...
... Constitution of the United States places such provisions as these in the same category as other laws of Congress by its declaration that This Constitution and the laws made in pursuance thereof , and all treaties made or which shall be ...
Page 35
... constitutional , but the state remains in honor bound to carry out the stipulations of its formal convention . Trea ... Constitution gives it no supe- riority over an Act of Congress in this respect , which may be repealed or modified ...
... constitutional , but the state remains in honor bound to carry out the stipulations of its formal convention . Trea ... Constitution gives it no supe- riority over an Act of Congress in this respect , which may be repealed or modified ...
Page 40
... Constitution of the United States which declares that " the citizens of each State shall be entitled to all the privi- leges and immunities of citizens in the several States , " nor with the clause which declares that Congress shall ...
... Constitution of the United States which declares that " the citizens of each State shall be entitled to all the privi- leges and immunities of citizens in the several States , " nor with the clause which declares that Congress shall ...
Other editions - View all
Favored Nation Treatment: An Analysis of the Most Favored Nation Clause ... Joseph Rogers Herod No preview available - 2018 |
Favored Nation Treatment: An Analysis of the Most Favored Nation Clause with ... Joseph Rogers Herod No preview available - 2016 |
Common terms and phrases
ad valorem articles of commerce Austria-Hungary Belgium bill of exchange bounty Brazil Bremen Britain British cession character Chargé d'Affaires charges citizens or subjects claim coffee commerce and navigation common carrier concession Constitution contract corporation Court domicile duties on imports duty of tonnage engaged enjoyed equal equivalent exemption exports F. R. vol favored nation clause favored nation treatment foreign country foreign nations France free of duty gallon Government granted gratuitously higher duties imposed inspection laws instruments of commerce intercourse land legislation levied Louisiana mass of property matter ment merce merchant nation treatment necessary Netherlands Norway object owner parties passengers persons pilotage police power port wine power to regulate prescribe privilege prohibit question railroad reciprocity regulate commerce regulation of commerce Reuterskiöld secured ship sovereignty Spain Statute stipulation tariff tion tonnage duties tonnage tax trade trade-mark transportation treaty United wharf wharfage wine of Portugal
Popular passages
Page 101 - Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 62 - States than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country...
Page 45 - The subject to be regulated is commerce; and our Constitution being, as was aptly said at the bar, one of enumeration, and not of definition, to ascertain the extent of the power, it becomes necessary to settle the meaning of the word.
Page 109 - The object of inspection laws, is to improve the quality of articles produced by the labor of a country; to fit them for exportation; or, it may be, for domestic use. They act upon the subject, before it becomes an article of foreign commerce, or of commerce among the states, and prepare it for that purpose.
Page 49 - The powers thus granted are not confined to the instrumentalities of commerce or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt themselves to the new developments of time and circumstances.
Page 35 - A treaty, then, is a law of the land as an act of Congress is, whenever its provisions prescribe a rule by which the rights of the private citizen or subject may be determined. And when such rights are of a nature to be enforced in a court of justice, that court resorts to the treaty for a rule of decision for the case before it as it would to a statute.
Page 42 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that state only, yet it does not by any means follow that its existence there will not be recognised in other places ; and its residence in one state creates no insuperable objection to its power of contracting in another.
Page 56 - There must be a point of time when they cease to be governed exclusively by the domestic law and begin to be governed and protected by the national law of commercial regulation, and that moment seems to us to be a legitimate one for this purpose, in which they commence their final movement for transportation from the State of their origin to that of their destination.
Page 34 - 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. If ' these fail, its infraction becomes the subject of international negotiations and reclamations, so far as the injured party chooses to seek redress, which may in the end be enforced by actual war.
Page 57 - Whenever a commodity has begun to move as an article of trade from one state to another, commerce in that commodity between the states has commenced.' But this movement does not begin until the articles have been shipped or started for transportation from the one state to the other. The carrying of them in carts or other vehicles, or even floating them, to the depot where the journey is to commence is no part of that journey.