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67

The EU is acting in the interests of the remaining 27 members. In this case it is specifically acting in the interests and on the instructions of the Republic of Ireland, which opposes a hard border under any circumstances. The Republic of Ireland, and so the EU, are opposed to the UK having the ability to unilaterally exit the backstop as it removes any ...


58

I only have an indirect argument: The US is part of far more treaties than any other country (7,181 bilateral treaties; the next most active nation is France with 3,707 bilateral treaties). Somewhat predictably, the US has far more bilateral as percentage of its total treaties (87% of treaties entered by US being bilateral) than an "average" country (for ...


56

From Wikipedia: Under U.S. law, the JCPOA is a non-binding political commitment. According to the U.S. State Department, it specifically is not an executive agreement or a treaty. There are widespread incorrect reports that it is an executive agreement. In contrast to treaties, which require two-thirds of the Senate to consent to ratification, political ...


52

No Actual ratified treaties have the full force of U.S. law and it is very rare for the U.S. to withdraw from them. This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in ...


46

Yes Pacta sunt servanda, agreements must be kept. The Treaty of San Francisco is 70 years old which is young compared to many older treaties. Agreements have a few "outs," neither of which are valid in Japan's case: Duress: Agreements signed under duress can sometimes be nullified. Japan could perhaps be said to be under duress from the United States. As ...


46

What's so important about the border? It's because dividing Ireland means an open invitation for a civil war again. The Troubles may or may not materialize again, but everybody would rather play it safe than find out. EU doesn't want that. UK can't really be trusted they won't break the agreement that ended The Troubles, because some of the factions in ...


36

If either party can walk away unilaterally from part of an agreement, then what use is the negotiation in the first place? In this instance if the UK walks away from the backstop proposals unilaterally, this means there would not be a replacement agreement to deal with the issue of the Irish Border and the Good Friday Agreement (GFA), because by definition ...


31

Is Japan still bound by the terms of its surrender in WWII? Yes, but... Can the Japanese legally build an offensive military force to counter those threats? In other words, are they pacifists by choice, or are they still bound by their terms of surrender and the treaties they signed? Japan recently announced it was working on revising its constitution, ...


28

International institutions (especially in the last 30 years) tend to be dominated by countries generally considered to be antagonistic to the interests of the Unites States. As such, US is rightfully worried that joining an institution which has a binding power over USA without any oversight or veto is bound to end up detrimental to its interests, with US ...


26

NATO could, but doesn't have to. Article 5 of the north-atlantic treaty reads: The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective ...


24

Is the text of all UK treaties and laws public? The short answer is yes, though this has not always been true, so some older treaties that were made in secret might not yet be public. There is also probably room for secret "agreements" between agencies at a lower level. Such agreements might not be regarded as treaties (or as law). Laws As far as ...


22

First of all, it is quite unlikely that Germany would want to do that. They just intentionally downsized their military to 180,000 soldiers in the past decades when they first reduced and then completely suspended conscription. And now that the Bundeswehr was reformed into a pure volunteer army, it has trouble getting onto its current nominal manpower, ...


22

The second part of the question is simple and factual: Signing is when the executive (President, Prime Minister, or their appointed minister) indicate the country's willingness to agree to a treaty. Typically at the end of a period of inter-governmental negotiation, the governments will sign the treaty. But in many countries (particularly democratic ones) ...


20

The key part of the UN headquarters agreement is Section 23 The seat of the United Nations shall not be removed from the headquarters district unless the United Nations should so decide. So the only body that can decide to move the headquarters in the UN itself, ie the General Assembly. The Mayor of New York certainly has no power to remove the UN. The ...


19

There is no accord allowing free movement of people between the USA and Canada. Neither country has visa requirements for short term entry, but there is no agreement (like the Schengen accord in Europe) to allow people to cross the border [source] As such, both the USA and Canada are free to close the border for any or no reason, and there is no requirement ...


17

Fourteenth Amendment to the United States Constitution says: No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection ...


15

Why is the EU concerned about the UK “unilaterally withdrawing” from a backstop I don't think that is an accurate description of the issue. Backstop UK Pro-Brexit MPs want a backstop to have a time limit or clear exit route. This is because they believe that locking the UK into the EU's customs union indefinitely would mean the UK could not have a ...


15

Article 44(1) of the Vienna Convention of the Law of Treaties expressly forbids this: A right of a party, provided for in a treaty or arising under article 56, to denounce, withdraw from or suspend the operation of the treaty may be exercised only with respect to the whole treaty unless the treaty otherwise provides or the parties otherwise agree.


14

Denis' comment has a kernel of truth. It's not however that the UK is not allowed to negotiate--after all the UK did conclude some 13 "continuity" deals covering 38 countries or territories. The issue with Turkey seems to be that since Turkey is in a customs Union with the EU, Turkey doesn't know under what terms (most of) UK's exports will go into ...


13

Generally, these problems are solved by applying game theory. Basically, you evaluate: What is the rationality and payoff function for another state This can be non-trivial and nuanced based on who the actors are, e.g. the payoff function could very well be "this bad decision effs up the country by sets up a ruler with $1B in lifetime income"=>"maximum ...


11

All parties want to avoid a hard border in Ireland, but the problem is that the UK also wants to be free to trade with anyone they want, even if that trade violates EU rules. If the EU agreed to allow the UK to do this, and also allowed for there to be no hard border in Ireland, it would end up compromising the EU borders. The UK would be free to import ...


10

The city names are just the locations in which those treaties were negotiated. The negotiations over the Maastricht treaty were finalised at a meeting of Heads of Government in Maastricht. Treaties are multilateral agreements between governments. When the various governments of the EU come to a mutual decision that there needs to be some change in the ...


10

The European Arrest Warrant is an EU council framework decision which only applies to and between EU Member States: The European arrest warrant is a judicial decision issued by a Member State with a view to the arrest and surrender by another Member State of a requested person, for the purposes of conducting a criminal prosecution or executing a ...


9

It would be disadvantageous to the United States to join the International Criminal Court, and they have no obligation to. The ICC would be able to prosecute US citizens for crimes, just as it would be able to prosecute other citizens, and that would limit what the US would be able to do. What the ICC can prosecute for: War crimes Genocide Crimes against ...


9

Federalist Paper #75 deals with this objection directly.[1] To wit: Another source of objection is derived from the small number of persons by whom a treaty may be made. Of those who espouse this objection, a part are of opinion that the House of Representatives ought to have been associated in the business, while another part seem to think that nothing ...


9

It is well established in international law that signing a treaty and ratifying a treaty are distinct, contrary to the assumption implicit in the question. See for example the Vienna Convention on the Law of Treaties, which considers throughout that signature and ratification are different, for example in Article 11: Article 11 — Means of expressing ...


8

Emmerich de Vattel wrote a chapter in his work The Law of Nations or the Principles of Natural Law (1758): Of the Dissolution and Renewal of Treaties. De Vattel says that there are 4 ways to exit a treaty: Expiration Violation Destruction of one of the contracting powers Dissolution by mutual consent Expiration The US can exit a treaty that is limited in ...


8

In theory this would work much like any other land transaction. The two parties would carefully evaluate what they think the land is worth, taking into account things like natural resources. Based on their respective calculations, they would then negotiate. But when it comes national territory, yes, that makes things different. I'm not sure there is ...


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