Favored Nation Treatment: An Analysis of the Most Favored Nation Clause, with Commentaries on Its Uses in Treaties of Commerce and Navigation |
From inside the book
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Page 21
... effect of the cession of the province in full sovereignty , they would not only have been in direct violation of the Constitution of the United States , but they would have been a sur- render of one of the highest attributes of the ...
... effect of the cession of the province in full sovereignty , they would not only have been in direct violation of the Constitution of the United States , but they would have been a sur- render of one of the highest attributes of the ...
Page 31
... effect are sub- ordinated to it . Prof. Ernest Lehr , in an interesting article on the most favored nation clause , 1 inclines to the opinion that a right claimed and secured under the most favored nation clause becomes a right distinct ...
... effect are sub- ordinated to it . Prof. Ernest Lehr , in an interesting article on the most favored nation clause , 1 inclines to the opinion that a right claimed and secured under the most favored nation clause becomes a right distinct ...
Page 40
... effect are not executed contracts until delivered by the agent in Virginia . They are , then , local transactions , and are governed by the local law . They do not constitute a part of the commerce between the States any more than a ...
... effect are not executed contracts until delivered by the agent in Virginia . They are , then , local transactions , and are governed by the local law . They do not constitute a part of the commerce between the States any more than a ...
Page 50
... effect- are not executed contracts - until delivered by the local agent ; and that they are then local transactions to be governed by local laws . The policy itself if it be marine insurance and covers the goods in transit , may be an ...
... effect- are not executed contracts - until delivered by the local agent ; and that they are then local transactions to be governed by local laws . The policy itself if it be marine insurance and covers the goods in transit , may be an ...
Page 52
... effect that the treaty of commerce and navigation of Decem- ber 10 , 1837 , conferred upon the citizens or subjects of either country in the dominions of the other the same right with respect to trade - marks , industrial designs and ...
... effect that the treaty of commerce and navigation of Decem- ber 10 , 1837 , conferred upon the citizens or subjects of either country in the dominions of the other the same right with respect to trade - marks , industrial designs and ...
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.