American Treaty Provisions Relating to Consular Privileges and Immunities

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.

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.


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.


Author(s):  
Jerome Slater

Every nation has narratives or stories it tells itself about its history but which typically contain factually false or misleading mythologies that often result in devastating consequences for itself and for others. In the case of Israel and its indispensable ally, the United States, the central mythology is “the Arabs never miss an opportunity to miss an opportunity,” as the Israeli diplomat Abba Eban famously said in a 1973 statement that has been widely quoted ever since. However, the historical truth is very nearly the converse: it is Israel and the United States that have repeatedly lost or deliberately dismissed many opportunities to reach fair compromise settlements of the Arab-Israeli and Israeli-Palestinian conflicts. The book reexamines the entire history of the conflict from its onset at the end of World War I through today. Part I begins with a reconsideration of Zionism and then examines the origins and early years of the Arab-Israeli state conflict. One chapter is devoted to the question of what accounts for the nearly unconditional US support of Israel throughout the entire conflict. Part II focuses on war and peace in the Arab-Israeli state conflict from 1948 through today, arguing that all the major wars—in 1948, 1956, 1967, 1973—could and should have been avoided. This section also includes an examination of the Cold War and its impact on the Arab-Israeli conflict. Part III covers the history of the Israeli-Palestinian conflict from 1917 through today, and examines the prospects for a two-state or other settlement of the conflict.


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.


1994 ◽  
Vol 74 (2) ◽  
pp. 642-642 ◽  
Author(s):  
Stewart J. H. McCann

The relationship between Schlesinger's American history cycles and a crisis index was examined. The difference between the mean crisis value for private interest phases and public purpose phases approached significance, but adjustments for easily explained anomalies produced complete correspondence between cycle fluctuations and crises for the entire history of the United States.


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.


1998 ◽  
Vol 14 (2) ◽  
pp. 196-211 ◽  
Author(s):  
Kennethe De Ville

AbstractAlthough medical malpractice litigation in the United States has generated extensive professional and scholarly attention, few analyses of the issue have explored its underlying causes. This essay develops and employs an historical framework to explain the late 20th century phenomenon and concludes that widespread medical malpractice suits are the result of a combination of short-term topical causes and long-term cultural changes that are ignored or left untouched by most reform efforts. Most importantly, however, the development and proliferation of new and improved medical technologies has played a pivotal role throughout the entire history of the litigation, an effect that has become most prominent and important in the last third of the 20th century.


1919 ◽  
Vol 10 (8) ◽  
pp. 414-414
Author(s):  
No authorship indicated

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