Favored Nation Treatment: An Analysis of the Most Favored Nation Clause, with Commentaries on Its Uses in Treaties of Commerce and Navigation
Banks Law Publishing Company, 1901 - 134 pages
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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
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Page 10 - ... it is folly in one nation to look for disinterested favors from another, that it must pay with a portion of its independence for whatever it may accept under that character, that by such acceptance it may place itself in the condition of having given equivalents for nominal favors and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion which experience must cure, which...
Page 43 - 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 107 - 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 47 - 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 33 - 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 60 - States, than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country...
Page 54 - 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 40 - The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered ; and is inadmissible when contrary to its policy, or prejudicial to its interests. But it contributes so largely to promote justice between individuals, and to produce a friendly intercourse between the sovereignties to which they belong ; that courts of justice have continually acted upon it, as a part of the voluntary law of nations.
Page 32 - 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.