Abstract
As part of the “supreme law of the land,” 1 treaty provisions have given rise to many questions referred to the Attorney General for his legal opinion. Indeed, the Attorneys General have rendered opinions on all of the major aspects of treaty-making: negotiation, interpretation, implementation and termination. These phases of the treaty-making process provide the framework for discussion in this chapter.
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References
OAG 186, 204–6, 212–3 (1855). Attorney General Akerman pointed out that valid treaties had been negotiated by uncommissioned persons; it was the act of ratification which gave validity to a treaty; 13 OAG 537 (1871).
OAG 380, 382 (1912). Taft was now President when this opinion was rendered.
State Dept. file 611.60 C 31/10 (NA). Some years later, Attorney General Speed advised that American consuls in Hawaii possessed by virtue of the clause certain judicial powers granted French consuls in the treaty of 1857 between France and Hawaii; 11 OAG 508 (1866).
OAG 273 (1889). For comment on this opinion, see General Electric Co. v. Robertson, 21 F. 2d 214, 218 (1927).
OAG 275 (1819); Wirt’s views have not been sustained; see Lauenstein v. Lynhain, 100 U.S. 483 (1879); 8 OAG 411 (1857).
OAG 119, 121 (1941). For a criticism of this opinion, see Herbert W. Briggs, “The Attorney General Invokes Rebus Sic Stantibus,” AJIL, vol. 36 (1942), pp. 89–96; also below, Chapter 14, p. 360.
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© 1957 Martinus Nijhoff, The Hague, Netherlands
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Deener, D.R. (1957). International Agreements. In: The United States Attorneys General and International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-9570-6_13
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DOI: https://doi.org/10.1007/978-94-011-9570-6_13
Publisher Name: Springer, Dordrecht
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