The Most-favored-nation Clause in Commercial Treaties: Its Function in Theory and in Practice and Its Relation to Tariff Policies

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University of Wisconsin--Madison, 1910 - 121 páginas
 

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Página 349 - The Most Christian King and the United States engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same favour, freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.
Página 360 - If either party shall hereafter grant to any other nation any particular favor in navigation or commerce, it shall immediately become common to the other party, freely, where it is freely granted to such other nation, or on yielding the same compensation, when the grant is conditional.
Página 403 - Nor shall any prohibition be imposed on the exportation or importation of any articles, the...
Página 364 - ... which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other high contracting party gratuitously...
Página 374 - ... navigation, which either contracting party has actually granted, or may hereafter grant, to the subjects or citizens of any other State, shall be extended to the subjects or citizens of the other...
Página 350 - ... those interior regulations which it shall find most convenient to itself; and by founding the advantage of commerce solely upon reciprocal utility and the just rules of free intercourse; reserving withal to each party the liberty of admitting at its pleasure other nations to a participation of the same advantages.
Página 370 - I would impress upon you that if you intend, in this conflict of commercial treaties, to hold your own, you must be prepared, if need be, to inflict upon the nations which injure you the penalty which is in your hands, that of refusing them access to your markets.
Página 354 - ... conditional — the other not so amplified. This proviso, when it occurs, is merely explanatory, inserted out of abundant caution. Its absence does not impair the rule of international law that such concessions are only gratuitous (and so transferable) as to third parties when not based on reciprocity or mutually reserved interests as between the contracting parties. This ground has been long and consistently maintained by the United States.
Página 360 - ... the growth, produce or manufacture of any other foreign country. Nor shall any prohibition be imposed on the...
Página 343 - States than are or shall be payable on the like articles being the growth, produce, or manufacture of any other foreign country...

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