The Most-Favored-Nation Clause and the Courts

1941 ◽  
Vol 35 (1) ◽  
pp. 41-54 ◽  
Author(s):  
Honoré Marcel Catudal
Keyword(s):  
United States ◽  
Turning Point ◽  
The United States ◽  
Appellate Court ◽  
Most Favored Nation ◽  
Commercial Policy ◽  
Most Favored Nation Clause ◽  
First Time

The recent decision of the United States Court of Customs and Patent Appeals in the case of John T. Bill Co. Inc. v. United States, C.A.D. 57, 27 C.C.P.A. (Customs) 26,104 F. (2d) 67 (decided May 29, 1939), is of distinct importance in its bearing on the foreign commercial policy of the United States. In this case, an appellate court, for the first time, had squarely presented to it the question of giving effect to the unconditional mostfavored- nation provisions of an American commercial treaty as against a later statute containing no express reservation respecting treaty provisions. This decision may well be regarded as the turning-point in the construction given to the most-favored-nation clause by the American courts.

German-American Commercial Relations

1925 ◽  
Vol 19 (4) ◽  
pp. 689-701
Author(s):  
Wallace McClure
Keyword(s):  
United States ◽  
Public Interest ◽  
The United States ◽  
Most Favored Nation ◽  
American Government ◽  
Commercial Policy ◽  
The Public ◽  
Careful Scrutiny ◽  
Important Development ◽  
Most Favored Nation Clause

In the Treaty of Friendship, Commerce and Consular Rights signed with Germany on December 8,1923, the United States inaugurated an important development of its commercial policy in conformity with the Tariff Act of 1922, Section 317 of which directs the President, if “the public interest will be served thereby,” to “specify and declare new or additional duties” upon goods imported from countries that discriminate against the commerce of the United States. Pursuant to this provision the American Government undertook the negotiation of agreements with other countries both to eliminate existing discriminations and to obtain assurances that existing equality of treatment would be maintained. Preparation for the new series of commercial arrangements included a careful scrutiny of the most-favored-nation clause as applied to customs duties.

The American Construction of the Most-Favored-Nation Clause

1913 ◽  
Vol 7 (4) ◽  
pp. 708-723
Author(s):  
Samuel B. Crandall
Keyword(s):  
United States ◽  
The Netherlands ◽  
The United States ◽  
The State ◽  
Most Favored Nation ◽  
Most Favored Nation Clause

In a communication to the Congress of the Confederation, February 20, 1787, the Netherlands minister protested against an Act of the legislature of the State of Virginia, which exempted French brandies imported in French and American vessels from certain duties to which like commodities imported in vessels of the Netherlands were left liable, as in contravention of the most-favored-nation clause in Article II of the treaty of 1782. This article provided that the subjects of the Netherlands should pay in the ports of the United States no other or greater duties or imposts of whatever nature or denomination than those which the nations the most favored were or should be obliged to pay; and that they should enjoy all the rights, liberties, privileges, immunities and exemptions in trade, navigation and commerce which the most favored nations did or should enjoy. The article contained no express qualification that the favor or privilege should be extended freely if freely given or for an equivalent if conditional.

American Treaty Provisions Relating to Consular Privileges and Immunities

1926 ◽  
Vol 20 (1) ◽  
pp. 81-102
Author(s):  
Irvin Stewart
Keyword(s):  
United States ◽  
The United States ◽  
Most Favored Nation ◽  
History Of ◽  
Entire History ◽  
Most Favored Nation Clause

Apparently no consistent effort has been made to secure a uniform schedule of consular privileges and immunities applicable to all of the states with which the United States has entered into treaty relations. In the entire history of the United States up to the present time there have been only sixteen consular conventions. Some 109 other treaties, however, have secured consular exemptions in varying degrees from many different nations; and the popular most-favored-nation clause has extended the schedule still further. One of the first treaties the United States entered into was a consular convention, that of 1788 with France, but the second consular convention did not come until over sixty years later. During the interval many provisions in commercial treaties had extended exemptions in various countries, so that by 1853 every one of the privileges which are in effect today had been inserted in at least one treaty, and some of them had been repeated many times.

The Most-Favored-Nation Clause

1909 ◽  
Vol 3 (4) ◽  
pp. 797-827 ◽  
Author(s):  
Stanley K. Hornbeck
Keyword(s):  
United States ◽  
The United States ◽  
Most Favored Nation ◽  
Single Instance ◽  
History Of ◽  
Most Favored Nation Clause ◽  
German American

Probably no single treaty containing the most-favored-nation clause has caused more controversy than that made between the United States and Prussia, May 1, 1828. Certainly none has attracted more attention from individuals and bodies other than ministerial. This being the case, and since this controversy and its issue illustrate, in a variety of phases common to no other single instance, the necessity for careful application of certain of the principles and methods of interpretation indicated, it will be profitable to study the history of German-American most-favored-nation relations in some detail.

The Septuagenarians’ Sankofa Dialogue

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Kalamu Ya Salaam ◽  
Jerry W. Ward Jr.
Keyword(s):  
United States ◽  
Turning Point ◽  
The United States ◽  
Donald Trump ◽  
President Obama ◽  
Pivotal Moments ◽  
The Us ◽  
History Of ◽  
First Time

Salaam: We might call this the Sankofa Dialogue because we are looking back in order to orient ourselves as we move forward. Approximately eight years ago, in 2008, there was a great brouhaha and hope because of the upcoming election for the US presidency. For the first time in the history of the United States, a Black man—and it’s befitting that he was truly an African American—was running for office. We don’t generally have such pivotal moments in history, either as individuals or as a people.Ward: But I would suggest that in the closing months of the second term of President Obama, we had a devastatingly pivotal moment. As we scrutinize the behavior of Donald Trump, we ought also to be concerned about what is driving people who, under other circumstances, might have hesitated to elect a clown. Those voters were so full of disgust, disappointment, and dismay that they saw Trump as the Great White Hope. Many of the voters wanted a president who might restore the bogus privileges of “white superiority.”Salaam: I concur, but I would broaden the dialog a bit. I think this historic moment, this turning point, comes at a critical moment in what defines what it means to be American. I don’t think there’s a post-Obama era as such. I think Obama was just part of this era where we are grappling with what it means to be an American now that it no longer means what it has meant from the beginning of the United States up until Obama. We’re still struggling with that. What we see right now is a repetition of what happened at the closing of, and in the immediate follow-up to, the Civil War in terms of the identity questions that were being raised.

The End of Empire and the Search for Justice

2018 ◽  
Author(s):  
John Linarelli ◽  
Margot E Salomon ◽  
Muthucumaraswamy Sornarajah
Keyword(s):  
United States ◽  
International Economic ◽  
International Law ◽  
International Economic Order ◽  
The United States ◽  
Economic Order ◽  
Global Context ◽  
Neoliberal Ideology ◽  
First Time

This chapter is a study of the themes of the New International Economic Order (NIEO). It begins with the notion of justice that had been constructed in imperial law to justify empire and colonialism. The NIEO was the first time a prescription was made for justice in a global context not based on domination of one people over another. In its consideration of the emergence of a new notion of justice in international law, the chapter discusses the reasons for the origins of the NIEO, and goes on to describe the principles of the NIEO and the extent to which they came into conflict with dominant international law as accepted by the United States and European states. Next the chapter deals with the rise of the neoliberal ideology that led to the displacement of the NIEO and examines the issue of whether the NIEO and its ideals have passed or whether they continue to be or should be influential in international law. Finally, the chapter turns to the ideas of the NIEO alongside new efforts at promoting a fuller account of justice by which to justify and evaluate international law.

Sources of Information About Gestational Weight Gain, Diet, and Exercise Among Brazilian Immigrant Women Living in the United States: A Cross-Sectional Study

2021 ◽  
pp. 1-41
Author(s):  
Ana Cristina Lindsay ◽  
Qun Le ◽  
Denise Lima Nogueira ◽  
Márcia M. T. Machado ◽  
Mary L. Greaney
Keyword(s):  
United States ◽  
Weight Gain ◽  
Gestational Weight Gain ◽  
The United States ◽  
The Internet ◽  
Sources Of Information ◽  
Cross Sectional ◽  
Gestational Weight ◽  
Diet And Exercise ◽  
First Time

Abstract Objectives: The objective of this study was to assess sources of information about gestational weight gain (GWG), diet, and exercise among first-time pregnant Brazilian women in the United States (US). Design: Cross-sectional survey. Setting: Massachusetts, United States. Participants: First-time pregnant Brazilian women. Results: Eighty-six women, the majority of whom were immigrants (96.5%) classified as having low-acculturation levels (68%), participated in the study. Approximately two-thirds of respondents had sought information about GWG (72.1%), diet (79.1%), and exercise (74.4%) via the internet. Women classified as having low acculturation levels were more likely to seek information about GWG via the internet (OR = 7.55; 95% CI: 1.41, 40.26) than those with high acculturation levels after adjusting for age and receiving information about GWG from healthcare provider (doctor or midwife). Moreover, many respondents reported seeking information about GWG (67%), diet (71%), and exercise (52%) from family and friends. Women who self-identified as being overweight pre-pregnancy were less likely to seek information about diet (OR = 0.32; 95% CI: 0.11, 0.93) and exercise (OR = 0.33; 95% CI: 0.11, 0.96) from family and friends than those who self-identified being normal weight pre-pregnancy. Conclusions: This is the first study to assess sources of information about GWG, diet, and exercise among pregnant Brazilian immigrants in the US. Findings have implications for the design of interventions and suggest the potential of mHealth intervention as low-cost, easy access option for delivering culturally and linguistically tailored evidence-based information about GWG incorporating behavioral change practices to this growing immigrant group.

scholarly journals WTO Panel Rules Against U.S. Claim that Tariffs on Chinese Goods Are Justified as Necessary to Protect “Public Morals”

2021 ◽  
Vol 115 (1) ◽  
pp. 120-124
Keyword(s):  
United States ◽  
World Trade Organization ◽  
World Trade ◽  
The United States ◽  
Most Favored Nation ◽  
The U.S

On September 15, 2020, a World Trade Organization (WTO) panel ruled that certain tariffs the United States imposed on Chinese products violated Articles I (most-favored-nation) and II (tariff bindings) of the General Agreement on Tariffs and Trade (GATT). The panel rejected the U.S. attempt to invoke a “public morals” defense pursuant to GATT Article XX, holding that although countries receive substantial deference in defining “public morals,” the United States failed to prove that the tariffs were necessary to achieve its stated public morals objective.

scholarly journals First Report of Wisteria vein mosaic virus in Wisteria sinensis in the United States of America

2008 ◽  
Vol 9 (1) ◽  
pp. 42 ◽  
Author(s):  
Rayapati A. Naidu ◽  
Gandhi Karthikeyan
Keyword(s):  
United States ◽  
Mosaic Virus ◽  
United States Of America ◽  
The United States ◽  
Home Gardens ◽  
First Report ◽  
Woody Perennial ◽  
Wisteria Sinensis ◽  
First Time ◽  
Wisteria Vein Mosaic Virus

The ornamental Chinese wisteria (Wisteria sinensis) is a woody perennial grown for its flowering habit in home gardens and landscape settings. In this brief, the occurrence of Wisteria vein mosaic virus (WVMV) was reported for the first time in Chinese wisteria in the United States of America. Accepted for publication 18 June 2008. Published 18 August 2008.

Wartime Prosperity? A Reassessment of the U.S. Economy in the 1940s

1992 ◽  
Vol 52 (1) ◽  
pp. 41-60 ◽  
Author(s):  
Robert Higgs
Keyword(s):  
United States ◽  
World War Ii ◽  
Performance Measures ◽  
Well Being ◽  
The United States ◽  
World War ◽  
Macroeconomic Performance ◽  
Command Economy ◽  
First Time ◽  
The U.S

Relying on standard measures of macroeconomic performance, historians and economists believe that “war prosperity” prevailed in the United States during World War II. This belief is ill-founded, because it does not recognize that the United States had a command economy during the war. From 1942 to 1946 some macroeconomic performance measures are statistically inaccurate; others are conceptually inappropriate. A better grounded interpretation is that during the war the economy was a huge arsenal in which the well-being of consumers deteriorated. After the war genuine prosperity returned for the first time since 1929.

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