131. 50 U.S.C.App. Melissa D. Conway, Cleveland, Ohio, 92/70 speed, fine $110, court costs $130, case was waived by defendant. 3303 (providing that the United States will accept a certificate of inspection by a foreign country that is a party to SOLAS and which accords reciprocity to U.S. vessels visiting its country). at 1243 n.8. This case concerns the validity of certain . 268, 305 et seq., 20 L. Ed. SeeBragdon v. Abbott, 524 U.S. 624, 646 (1998). 798. 165, '* * * Congress was untrammeled and free to authorize the seizure, use or appropriation of such properties without any compensation to the owners. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. At all material times the appellant, Albert Tag, was a German national residing in Germany. A treaty, it is true, is in its nature a contract between nations and is often merely promissory in its character, requiring legislation to carry its stipulations into effect. However, the Government in arguing this case has assumed that Article IV was applicable in time of war, Request a trial to view additional results, Natural Resources Defense Council, Inc. v. Nuclear Regulatory Com'n, No. endobj Id. 40 Stat. The Department of Transportation has similarly determined that the United States "appears to have jurisdiction to apply ADA requirements to foreign-flag cruise ships that call in U.S. ports" except to the extent that enforcing ADA requirements would conflict with a treaty. 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S.Ct. The Cherokee Tobacco, 1870, 11 Wall. Once a policy has been declared in a treaty or statute, it is the duty of the federal courts to accept as law the latest expression of policy made by the constitutionally authorized policy-making authority. On June 14, 2001, this Court requested supplemental briefing by the parties regarding (1) whether customary international law establishes that the flag state of a vessel has the responsibility for regulating and implementing any changes to the physical aspects of a vessel and (2) whether application of the Americans with Disabilities Act to foreign-flag cruise ships would conflict with that law. 1261, 1273 (1985). 1261 (1985): SUPPLEMENTAL BRIEF FOR THE UNITED STATES AS AMICUS CURIAE. 94 0 obj Appellant contends, however, that there is now a practice amounting to an authoritative declaration of international law forbidding the seizure or confiscation of the property of enemy nationals during time of war, at least in the case of property acquired by the enemy national before the war and in reliance upon international agreements between the nations concerned. 0000005145 00000 n It recognized, however, that Congress could authorize the seizure of such vessels. Doc. Premier raised the argument that applying Title III to foreign-flag cruise ships would violate SOLAS and the 1958 Convention on the High Seas for the first time on appeal. >. An official website of the United States government. 20. 0000008675 00000 n 5652, 5670, T.I.A.S. The Court recognized, as an initial matter, that "undoubtedly every person who is found within the limits of a Government, whether for temporary purposes or as a resident, is bound by its laws. v. Reagan, 859 F.2d 929 (D.C. Cir. Our own court adopted this dictum as part of its holding in Tag v. Rogers. Amicus International Council of Cruise Line's suggestion that the "barrier removal" provision of the ADA is unconstitutionally vague is without merit. He asked also for the return, with interest, of whatever monies had been vested. You can explore additional available newsletters here. 10837, amended August 20, 1943, 8 Fed.Reg. R.R. 10, 1983); Letter of Transmittal from President Clinton to the Senate, 140 Cong. 2132. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 11975; and Vesting Order No. 1870, dated July 21, 1943, 8 Fed.Reg. startxref 504; Miller v. United States, 11 Wall. "It is beyond question that a ship voluntarily entering the territorial limits of another country subjects itself to the laws and jurisdiction of that country. I. 2132. 0000002749 00000 n Br. Petition for Rehearing En Banc Denied June 12, 1959. 7. Reg. In 1956 the Director of that office dismissed the claim on the ground that Tag, being an enemy within the meaning of 2 of the Act. 44 Stat. It recognized in Article IV,9 in general terms, the right of nationals of the respective contracting parties freely to dispose of personal property within the territories of the other party. 529 U.S. at 97. * * * A difficulty may sometimes arise, in determining whether a particular law applies to the citizen of a foreign country, and intended to subject him to its provisions. For example, the United Nations Convention on the Law of the Sea (UNCLOS), draws a distinction between the regulation of vessels in "innocent passage" through a State's territorial sea and vessels entering a State's internal waters. "Id.at 194. ; see also U.S. Const. 574 (S.D. In the light of the foregoing, appellant can invoke neither international law nor the 1923 Treaty with Germany to support his claim and the judgment of the District Court is. Premier also contends that application of Title III's "barrier removal" requirement to cruise ships, in the absence of regulations governing new construction and renovation of cruise ships, violates the primary jurisdiction doctrine (Premier's Supp. And such is, in fact, the case in a declaration of war, which must be made by Congress, and which, when made, usually suspends or destroys existing treaties between the nations thus at war. There is no power in this Court to declare null and void a statute adopted by Congress or a declaration included in a treaty merely on the ground that such provision violates a principle of international law. 'It need hardly be said that a treaty cannot change the Constitution or be held valid if it be in violation of that instrument. Vesting Order No. 12, 13, Craig Allen,Federalism in the Era of International Standards (Part II),29 J. Mar. The United States has not ratified UNCLOS, but has accepted it as customary international law in most respects. Finally, in 1958, Tag instituted a suit in the United States District Court for the District of Columbia against Attorney General Rogers and Assistant Attorney General Townsend, the appellees here. as Amicus, Addendum). Premier misapplies the recent Supreme Court decision inLocke. 21(1)(2), 21 I.L.M. In fact, the Bonn Convention gave support to Allied High Commission Law No. endobj "Nationals of either High Contracting Party may have full power to dispose of their personal property of every kind within the territories of the other, by testament, donation, or otherwise, and their heirs, legatees and donees, of whatsoever nationality, whether resident or non-resident, shall succeed to such personal property, and may take possession thereof, either by themselves or by others acting for them, and retain or dispose of the same at their pleasure subject to the payment of such duties or charges only as the nationals of the High Contracting Party within whose territories such property may be or belong shall be liable to pay in like cases." The objection that the act is in conflict with the treaties was earnestly pressed in the court below, and the answer to it constitutes the principal part of its opinion. : 40 DECIDED BY: Warren Court (1958-1962) LOWER COURT: United States Court of Appeals for the Second Circuit CITATION: 365 US 534 (1961) ARGUED: Nov 08, 1960 / Nov 09, 1960 DECIDED: Mar 20, 1961 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. E.The ADA's "Barrier Removal" Provision Is Not Vague. 839, 50 U.S.C.App. (8) Specifically, Premier contends that applying the ADA to Premier would conflict with the International Convention for the Safety of Life at Sea (SOLAS)(Premier's Supp. A.S. 3425, Official Gazette of the Allied High Commission for Germany, No. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. (Emphasis supplied.) CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. 268, 305 et seq., 20 L.Ed. at 12-15). InCunard, the Supreme Court held: C. Congress Has The Authority To Regulate Foreign-Flag Ships Engaged In Commerce At U.S. Argued November 7, 1950. Albert Karl Tag, Appellant, v. William P. Rogers, Attorney General, and Dallas S. Townsend, Assistant Attorney General, Appellees, 267 F.2d 664 (D.C. Cir. The facts are not in controversy. This case concerns the validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act.1 Their validity is attacked principally on the ground that they were issued in alleged violation of the 1923 Treaty of Friendship, Commerce and Consular Rights between the United States and Germany.2 For the reasons hereafter stated, we uphold the validity of the orders and the validity of those provisions of the Act, as amended, pursuant to which the orders were issued. 'In short, we are of opinion that, so far as a treaty made by the United States with any foreign nation can become the subject of a judicial cognizance in the courts of this country, it is subject to such acts as Congress may pass for its enforcement, modification, or repeal.' He asked the court to enjoin Rogers and Townsend from denying his claims to the vested funds. 44 Stat. Whatever force appellant's argument might have in a situation where there is no applicable treaty, statute, or constitutional provision, it has long been settled in the United States that the federal courts are bound to recognize any one of these three sources of law as superior to canons of international law. 5(b), 50 U.S.C.A.Appendix, 5(b), 62 Stat. In 1938 he became entitled to receive, for life, the income from a trust fund of $100,000 established in New York City under the will of Anna Tag, an American citizen, who had died in 1936. 2135-2136. Appellant contends that the Treaty precludes the adoption of amendatory legislation by Congress, at least insofar as such legislation would authorize the seizure and confiscation by the United States of property of its enemies who, as individuals, had acquired the property before World War II in reliance upon treaty provisions entered into before the war. Tag v Rogers, 267 F.d. Head Money Cases, (Edye v. 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