Case Study: Se Fuji v California (Cali Supreme Court, 1952)
California prohibited Asian immigrants from owning land or transferring land. Fuji agreed that when US joined UN charter, treaty superseded conflicting law (humans right section)
Conclusion:
Provisions were not self executing, instead required implementing legislation. Clauses of charter is saying we like this and we will implement this which states a promise of future actions
Case Study: US & Russia Anti-ballistic missile (ABM) treaty 1972
US claimed treaty had been made w/ Soviet Union- which didn’t exist anymore.
Conclusion:
Russia chose to not follow treaty as well as US (example of reciprocity)
Importance: Established radical change (Soviet Union is gone) Essential basis (Cold War is over)
How are treaties formed?
- Negotiation- treaty convention is called and gathering of states negotiate terms of treaty
- Signature & Ratification- a state signs a treaty to signal support for treaty’s spirit and purpose wants treaty to move forward and you accept terms
For some states signing it is ratifying it (in domestic law)
- Accession- when a state signs on to a treaty after initial treaty-negotiation. They can change how they view treaty or never had a representative
Some states implement legislation after ratify
- Reservations- a state can formally declare that it has a reservation concerning any aspect of a treaty that it doesn’t want to be bond by
States are not bound by clauses, that they do not want to be bound by
- Entry into Force- treaties stipulate a certain # of countries must ratify before it becomes a legally binding instrument- NOT obligated to follow treaty prior
Registration- Once a treaty enters into force, registered w/UN and joins broader of IL
Case Study: Bank of China v Wells Fargo (US District Court of N. Cal 1952)
Bank of China held deposits in Wells Fargo, Mao overthrew Chiong Kai-Sek in 1949, fled to Taiwan. Making it the separate de facto & for some de jure. Both govt tried to withdraw the money
Outcome: Truman recognized Taiwan as de jure govt
Gave it to Taiwan and applied 4 criteria for statehood.
Significance: Recognition of states because of their enlightened self interest
