Consular treaty rights and comments on the most favored nation clause

Consular treaty rights and comments on the most favored nation clause by Ernest Ludwig Download PDF EPUB FB2

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Consular treaty rights and comments on the "most favored nation" clause. Akron, O., The New Werner company [©] (OCoLC) Material Type: Internet resource: Document Type: Book, Internet Resource: All Authors / Contributors: Ernest Ludwig. Consular treaty rights and comments on the "most favored nation" clause.

Akron, Ohio: The New Werner Company, Book Manufacturers, [] (DLC) (OCoLC) Material Type: Document, Internet resource: Document Type: Internet Resource, Computer File: All Authors / Contributors: Ernest Ludwig. On the other hand, Schill argues that the reference to an ‘acquisition’ of rights in the ILC Draft Articles on the MFN clause and the reference in Rights of Nationals of the United States of America in Morocco, stating that ‘the United States acquired by virtue of the most-favoured-nation clauses, civil and criminal consular Cited by: 2.

1 A most-favoured-nation clause (commonly abbreviated as ‘MFN’) is a treaty provision whereby a State (the granting State) undertakes an obligation towards another State (the beneficiary State) to accord most-favoured-nation treatment in an agreed sphere of relations. 1 The most-favoured-nation clause (‘MFN clause’) is ‘a treaty provision whereby a State undertakes the obligation towards another State to accord most-favoured-nation treatment in an agreed sphere of relations’ (Art 4 International Law Commission Draft Articles on Most-Favoured-Nation Clauses [‘ILC Draft Articles’]).

application of most-favoured-nation treatment in international economic relations deserve support. In the view of the Byelorussian SSR, the draft articles on the most-favoured-nation clause prepared by the Commission provide a fully satisfactory basis for drafting an international convention on the matter.

An interesting issue that arises out of the above discussion is ‘Interplay of Make Available clause with Most Favoured Nation clause’. The issue is whether a treaty of a particular country (say, India – USA treaty) can be imported in a treaty with another country (say, India – France treaty) by virtue of ‘Most Favoured Nation’ clause.

The first treaty granting these privileges was concluded between Morocco and France in May ; other nations soon gained similar rights through a most-favored-nation clause. When the United States declared its independence inEngland withdrew its admiralty passes. 2 We use the term “importation” to refer to reliance on a Most-Favored-Nation (MFN) clause in a treaty entered into by a given state (the basic treaty) to obtain the benefit of provisions set forth in other treaties entered into by that state (third-party treaties).

Although it is a widely used and convenient shorthand, it does not precisely reflect the operation of MFN clauses. The judgment pronounced by the AAR gives a restrictive interpretation of the Most Favored Nation (“MFN”) Clause that forms part of most of the double tax avoidance conventions and throws open questions qua interpretation of the MFN clause.

Under a most-favoured-nation clause the bene ficiary State acquires, for itself or for the benefit of persons or things in a determined relationship with it, only those rights which f all. Article the usual most-favored-nation clause; The treaty remained in effect until the annexation of Korea in Aftermath.

The U.S. treaty established a template which was explicitly modeled in treaties with European nations — Germany inRussia and Italy in. Consular Treaty Rights and Comments on the Most Favored Nation Clause.

by Ernest Ludwig | Hardcover $ $ FREE Shipping on orders over $25 shipped by Amazon. Usually ships within 2 to 3 days. Goodreads Book reviews & recommendations: IMDb Movies, TV. It also included a most-favoured-nation clause, guaranteeing to Britain all privileges that China might grant to any other foreign power.

Over the next few years China concluded a series of similar treaties with other powers; the most important treaties were the Treaty of Wanghia (Wangxia) with the United States and the Treaty of Whampoa with.

Article 9. Scope of rights under a most-favoured-nation clause 27 Article Acquisition of rights under a most-favoured-nation clause 27 Commentary to articles 9 and 10 27 Scope of the most-favoured-nation clause regarding its subject matter 27 Scope of the most-favoured-nation clause regarding persons or things 30 Article Treaty interpretation by treaty Parties was initially planned to be discussed in the 39 th session of UNCITRAL Working Group III scheduled to take place in New York in March-April A Note prepared by the UNCITRAL Secretariat in anticipation of the now-postponed session addressed treaty interpretation in the context of ISDS, pointing to the existing interpretive tools and outlining ‘how.

Consular Treaty Rights and Comments on the `Most Favored Nation' Clause. by Ernest Ludwig (pp. ) Review by: Henry G. Crocker. Book Reviews Law as a Means to an End by Rudolf Von Ihering. Law as Consular Treaty Rights and Comments on the "Most Favored Nation" Clause by Ernest Ludwig.

Consular Treaty Rights and Comments on the "Most Favored Nation" Clause by Ernest Ludwig (pp. respectively, to the consular officers of the most favored nation.8 (Emphasis added). The foreign consul asserted that because of the most-favored-nation clause in the Greece-U.S. Treaty, Article 14 of the U.S.-Swedish Treaty9 is applicable: In the event of any citizens of either of the two Contracting.

The treaty system pivoted on two significant stipulations: a most-favored-nation clause, which automatically extended concessions granted by China to one nation to other treaty powers, and the right of extraterritorial jurisdiction. Standard Clauses used in Treaty Practice: (a) Most-favourednation clause, (b) National treatment clause, (c) The combination of national and most-favoured-nation clauses.

2. The Standard of Equality to be Achieved: (a) The attainment of material or .TREATY OF PEACE WITH JAPAN Sept. 8, San Francisco, California, USA.

WHEREAS the Allied Powers and Japan are resolved that henceforth their relations shall be those of nations which, as sovereign equals, cooperate in friendly association to promote their common welfare and to maintain international peace and security, and are therefore desirous of concluding a Treaty of Peace which .