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Treaties can Create Private Rights & Duties & Govern Government Action

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  • Legalbear
    TITLE 1 CHAPTER 2 § 112a § 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence (a) The Secretary of
    Message 1 of 1 , Jun 8, 2011
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      TITLE 1 > CHAPTER 2 > § 112a

      § 112a. United States Treaties and Other International Agreements; contents; admissibility in evidence

       

      (a) The Secretary of State shall cause to be compiled, edited, indexed, and published, beginning as of January 1, 1950, a compilation entitled “United States Treaties and Other International Agreements,” which shall contain all treaties to which the United States is a party that have been proclaimed during each calendar year, and all international agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has been executed, during each calendar year. The said United States Treaties and Other International Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agreements, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.

       

      (b) The Secretary of State may determine that publication of certain categories of agreements is not required, if the following criteria are met:

      (1) such agreements are not treaties which have been brought into force for the United States after having received Senate advice and consent pursuant to section 2(2) of Article II of the Constitution of the United States;

      (2) the public interest in such agreements is insufficient to justify their publication, because

      (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force,[1]

      (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in the treatment of private individuals;

      (C) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means; or

      (D) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and

      (3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request.

       

      (c) Any determination pursuant to subsection (b) shall be published in the Federal Register.

       

      (d) The Secretary of State shall make publicly available through the Internet website of the Department of State each treaty or international agreement proposed to be published in the compilation entitled “United States Treaties and Other International Agreements” not later than 180 days after the date on which the treaty or agreement enters into force.

       

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