The jurisdiction conferred upon the United States by the Treaties - TopicsExpress

The jurisdiction conferred upon the United States by the Treaties of 1787 and 1836 was jurisdiction, civil and criminal. "The Treaty of 1836 replaced an earlier treaty between the United States and Morocco which was concluded in 1787. The two treaties were substantially identical in terms and Articles 20 and 21 are the same in both. Accordingly, in construing the provisions of Article 20 and, in particular, the expression “shall have any dispute with each other” it is necessary to take into account the meaning of the word “dispute” at the times when the two treaties were concluded. For this purpose it is possible to look at the way in which the word "dispute" or its French counterpart was used in the different treaties concluded by Morocco: e.g., with France in 1631 and 1682, with Great Britain in 1721, 1750, 1751, 1760 and 1801. It is clear that in these instances the word was used to cover both civil and criminal disputes. Accordingly, it is necessary to construe the word "dispute", as used in Article 20, as referring both to civil disputes and to criminal disputes, in so far as they relate to breaches of the criminal law. International court of justice reports of judgments, advisory opinions and orders case concerning rights of nationals of the United States of America in Morocco (France v. United States of America) judgment of august 27th, 1952. By the Treaty of Commerce with Great Britain of December gth, 1856, as well as by Treaties with Spain of November zoth, 1861, and with Germany of June ~st, 1890, the Sultan of Morocco gua- ranteed certain rights in matters of trade, including imports into Morocco. These States, together with a number of other States, including the United States, were guaranteed equality of treatment by virtue of most-favoured-nation clauses in their treaties with Morocco…icj-cij.org/docket/files/11/1927.pdfTranslate this page THE UNITED STATES OF AMERICA. IN MOROCCO. (FRANCE v. UNITED STATES OF AMERICA).

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