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Treaty

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A compact made between two or more independent nations with a view to the public welfare. Louis Wolf & Co. v. United States, Cust. & Pat.App., 107 F.2d 819, 827; United States v. Belmont, N.Y., 57 S.Ct. 758, 761, 301 U.S. 324, 81 L. Ed. 1134.

An agreement, league, or contract between two or more nations or sovereigns, formally signed by commissioners properly authorized, and solemnly ratified by the several sovereigns or the supreme power of each state. Edye v. Robertson, 5 S.Ct. 247, 112 U.S. 580, 28 L.Ed. 798; Ex parte Ortiz, C.C.Minn., 100 F. 962; Charlton v. Kelly, 33 S.Ct. 945, 954, 29 S.Ct. 447, 57 L.Ed. 1274, 46 L.R.A., N.S., 397.

A "treaty" is not only a law but also a contract between two nations and must, if possible, be so construed as to give full force and effect to all its parts. United States v. Reid, C.C.A.Or., 73 F.2d 153, 155.

Personal treaties relate exclusively to the persons of the contracting sovereigns, such as family alliances, and treaties guaranteeing the throne to a particular sovereign and his family. As they relate to the persons, they expire of course on the death of the sovereign or the extinction of his family. With the advent of constitutional government in Europe these treaties have lost their importance. Real treaties relate solely to the subject-matters of the convention, independently of the persons of the contracting parties, and continue to bind the state, although there may be changes in its constitution or in the persons of its rulers. Boyd's Wheat. Int. Law § 29.

Private Law

The discussion of terms which immediately precedes the conclusion of a contract or other transaction. A warranty on the sale of goods, to be valid, must be made during the "treaty" preceding the sale. Chit. Cont. 419; Sweet.

Topics to study

  • Definition by Oppenheim
  • Types of treaties
  • Capacity to conclude treaties
  • Conclusion of a treaty
    • Accredition
    • Negotiation and Adoption
    • Autentication
    • Ratification and Reservation
    • Accession and Adhesion
    • Entry into force
    • Registration and Publication
    • Application and Enforcement
  • Invalidity of a treaty
  • Doctrine of Pacta Sunt Servanda
  • Interpretation of Treaties
  • Revision of a Treaty
  • Termination of a Treaty
  • Suspension of a Treaty

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