The American Construction of the Most-Favored-Nation Clause

1913 ◽  
Vol 7 (4) ◽  
pp. 708-723
Author(s):  
Samuel B. Crandall

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.


1926 ◽  
Vol 20 (1) ◽  
pp. 81-102
Author(s):  
Irvin Stewart

Apparently no consistent effort has been made to secure a uniform schedule of consular privileges and immunities applicable to all of the states with which the United States has entered into treaty relations. In the entire history of the United States up to the present time there have been only sixteen consular conventions. Some 109 other treaties, however, have secured consular exemptions in varying degrees from many different nations; and the popular most-favored-nation clause has extended the schedule still further. One of the first treaties the United States entered into was a consular convention, that of 1788 with France, but the second consular convention did not come until over sixty years later. During the interval many provisions in commercial treaties had extended exemptions in various countries, so that by 1853 every one of the privileges which are in effect today had been inserted in at least one treaty, and some of them had been repeated many times.



2017 ◽  
Vol 15 (4) ◽  
pp. 554-584 ◽  
Author(s):  
Natascha van der Zwan

Financialisation and the Pension System: Lessons from the United States and the Netherlands The articles explores the financialisation of private pensions in the United States and the Netherlands. It proposes two distinct arguments. First, the article shows that both the American and the Dutch pension systems stand out internationally for their high degrees of capitalisation and the absence of substantive investment restrictions for pension funds. The article posits that both pension systems are highly financialised, yet the process of financialisation has proceeded along different historical paths and within different institutional contexts. Secondly, the article maintains that the financialisation of pension systems is accompanied by its own political dynamics. In both political economies, different groups of actors (employers, labour unions, financial professionals) have made claims over the growing concentration of pension assets. Here, particular emphasis is given to the role of the state. It shows how since the mid-1970s, both American and Dutch pension funds have altered their investment strategies, abandoning public debt as the dominant investment category. The article explains this change in terms of the rising popularity of modern portfolio theory and the immense growth of pension capital in need of new investment options. As austerity politics have made governments more dependent on financial markets, pension funds have become more assertive in leveraging their assets and demanding political reform which are in the interest of the financial industries. Financialisation has thus fundamentally altered the balance of power between the state and financial market actors.



1925 ◽  
Vol 19 (4) ◽  
pp. 689-701
Author(s):  
Wallace McClure

In the Treaty of Friendship, Commerce and Consular Rights signed with Germany on December 8,1923, the United States inaugurated an important development of its commercial policy in conformity with the Tariff Act of 1922, Section 317 of which directs the President, if “the public interest will be served thereby,” to “specify and declare new or additional duties” upon goods imported from countries that discriminate against the commerce of the United States. Pursuant to this provision the American Government undertook the negotiation of agreements with other countries both to eliminate existing discriminations and to obtain assurances that existing equality of treatment would be maintained. Preparation for the new series of commercial arrangements included a careful scrutiny of the most-favored-nation clause as applied to customs duties.



1909 ◽  
Vol 3 (4) ◽  
pp. 797-827 ◽  
Author(s):  
Stanley K. Hornbeck

Probably no single treaty containing the most-favored-nation clause has caused more controversy than that made between the United States and Prussia, May 1, 1828. Certainly none has attracted more attention from individuals and bodies other than ministerial. This being the case, and since this controversy and its issue illustrate, in a variety of phases common to no other single instance, the necessity for careful application of certain of the principles and methods of interpretation indicated, it will be profitable to study the history of German-American most-favored-nation relations in some detail.



1941 ◽  
Vol 35 (1) ◽  
pp. 41-54 ◽  
Author(s):  
Honoré Marcel Catudal

The recent decision of the United States Court of Customs and Patent Appeals in the case of John T. Bill Co. Inc. v. United States, C.A.D. 57, 27 C.C.P.A. (Customs) 26,104 F. (2d) 67 (decided May 29, 1939), is of distinct importance in its bearing on the foreign commercial policy of the United States. In this case, an appellate court, for the first time, had squarely presented to it the question of giving effect to the unconditional mostfavored- nation provisions of an American commercial treaty as against a later statute containing no express reservation respecting treaty provisions. This decision may well be regarded as the turning-point in the construction given to the most-favored-nation clause by the American courts.



2018 ◽  
Vol 67 (3) ◽  
pp. 531-547
Author(s):  
Megan Milota

According to Peter Berger, “explaining European secularity, especially its contrast with the United States, is one of the most interesting topics for study.” As an American expat and scholar of contemporary American literature, this essay will address my own “intellectual curiosity” about European secularity: what kind of work it fosters and enables, and what it does not. In particular, I will focus on the pervasive secular “progress narrative” that continues to be protected and preserved in different academic departments at universities in Belgium and The Netherlands for various historical and cultural reasons, including those related to depillarization and laïcité.



2007 ◽  
Vol 16 (1) ◽  
pp. v-ix ◽  
Author(s):  
Alexei Elfimov ◽  
Ullrich Kockel

As the new century unfolds, it becomes increasingly clear that contexts in which anthropology is practised as an established discipline, scholarly enterprise, applied endeavour, profession and intellectual pursuit keep changing, altering and transforming. The general aim in putting together this collection of essays was to test the state and condition of the relationship between anthropology and society in a number of countries where anthropological discourses and ethnographic activity have had a tangible presence in academia and beyond. Adopting a comparative approach – anthropology’s long-term companion – that we hoped would once again allow us to highlight where things have developed differently and where they seemed the same (or indeed were only equally illusorily), we asked leading practitioners from Austria, Brazil, France, Great Britain, the Netherlands, Russia, South Africa and the United States to ponder the same, rather broadly posed, set of questions.



2008 ◽  
Vol 18 (1) ◽  
pp. 87-102 ◽  
Author(s):  
Heidi Hartston


Author(s):  
Henny Bos ◽  
Nanette Gartrell ◽  
Theo Sandfort ◽  
Frank Van Balen ◽  
Heidi Peyser


Sign in / Sign up

Export Citation Format

Share Document