Under subpoena, petitioner appeared before a federal grand jury and testified without objection that she had been Treasurer of the Communist Party of Denver, had been in possession of its records, and had turned them over to another . startxref stature and a reputation for quality and innovation that few universities can 62 Stat. * * *. The facts are not in controversy. 4. 411, 50 U.S.C.App. ][d\Z He asked also for the return, with interest, of whatever monies had been vested. APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. 623, 32 L.Ed. In determining whether the patent laws should apply to the ship's master, the Court noted that the authority under which Congress enacted the patent laws provides that Congress shall have power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.Ibid. * * * "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." endobj The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. The Court held that the state regulations regarding tanker design, equipment, reporting, and operating requirements were preempted by federal statute and regulations.Id. Elliott was in charge of a church in a small town and regularly had the bell rung several times a day. In 1923 a Treaty between the United States and Germany was entered into which became effective in 1925. 95 0 obj 98-5913 (Stevens v. Premier) . At all material times the appellant, Albert Tag, was a German national residing in Germany. It was a war measure deriving its authority from the war powers of Congress and of the President. 275." 7. The fundamental rationale underlying the vagueness doctrine is that due process requires a statute to give adequate notice of its scope. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. These statements point the way to the answer in the present case. SeeMcCullochv.Sociedad Nacional de Marineros de Honduras, 372 U.S. 10, 21 (1963). of Justice, were on the brief, for appellees. XVI. 193, 90 L.Ed. ; see also U.S. Const. initiatives addressing global and international issues. SeePennsylvania Dep't of Correctionsv.Yeskey, 524 U.S. 206, 210-213 (1998) (ADA covers state prisons even though they are not specifically mentioned in statute). 102 0 obj Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. <]/Prev 140973>> That said, customaryinternational law also gives States broad authority to regulate ships that enter their ports. See IMO Maritime Safety Committee Cir. 1 et seq., 50 U.S.C.A.Appendix, 1 et seq. Germany further guaranteed in the Bonn Convention that it would compensate the former owners of property so seized.15 The final action in this field is found in the 1956 Treaty of Friendship, Commerce and Navigation between the United States and Germany.16 This reaffirmed the provisions of the Bonn Convention and added to them further agreement of complete co-operation. 42 U.S.C. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. When, however, a constitutional agency adopts a policy contrary to a trend in international law or to a treaty or prior statute, the courts must accept the latest act of that agency. The accessibility recommendations by the IMO to guide Contracting States do not have the force of treaty provisions. Stevens' claim that Premier violated the ADA when it charged her a higher fare for an accessible cabin, which implicates neither the physical structure of the vessel nor the internal affairs of the ship, is an independent cause of action worthy of being adjudicated. * * * 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. However, customary international law also supports regulation by the United States of foreign-flag ships entering its ports for commercial purposes. This contention is without merit. Before Mr. Justice BURTON, retired,* and WILBUR K. MILLER and FAHY, Circuit Judges. There is similarly no legal basis for concluding that the existence of such standards, much less the possibility that such standards could be developed in the future, warrants the conclusion that the barrier removal provisions of the ADA should not apply to foreign-flag cruise ships doing business in U.S. ports. "We are of opinion that, so far as the provisions in that act may be found to be in conflict with any treaty with a foreign nation, they must prevail in all the judicial courts of this country. Regulations: Foreign-Flag Cruise Ships and the ADA, Restatement (Third) of the Foreign Relations Law of the United States (1987) 5. Request Permissions, Published By: Duke University School of Law. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. An official website of the United States government. Atty., Dept. 0000008785 00000 n <>stream The Court's assessment of the domestic effect of international law, however, was qualified by the statement: "[W]here there is no treaty and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages * * * of nations."Ibid. 193, 90 L.Ed. 294(a), 40 Stat. 0000008675 00000 n 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. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. It recognized, however, that Congress could authorize the seizure of such vessels. 2132. 5652, 5670, T.I.A.S. SeeUnited States v.Western Pac. 567 567 (1846) United States v. Rogers. APPLICATION OF THE ADA TO FOREIGN-FLAG CRUISE SHIPS WOULD NOT CONFLICT WITH CUSTOMARY INTERNATIONAL LAW OR TREATY OBLIGATIONS, A. See also id., 175 U.S. at pages 710-711, 20 S. Ct. at page 302. "There are, however, important mid-twentieth century cases, notably Cook v. United States, 288 U.S. 102 (1933), and Bill Co. v. United States, 104 F.2d 67 (1939), which considerably . The "principle of reciprocity" provides that "certification of a vessel by the government of its own flag nation warrants that the ship has complied with international standards, and vessels with those certificates may enter ports of signatory nations. endstream 193; Stoehr v. Wallace, 255 U.S. 239, 245, 41 S. Ct. 293, 65 L. Ed. Matter of Extradition of Demjanjuk, Misc. It was a war measure deriving its authority from the war powers of Congress and of the President. 504), as already mentioned, is assailed, as being in effect an expulsion from the country of Chinese laborers in violation of existing treaties between the United States and the government of China, and of rights vested in them under the laws of Congress. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. endobj 29, 1958, Art. 504; Miller v. United States, 11 Wall. 131. endobj Official websites use .gov Share sensitive information only on official, secure websites. 11975; and Vesting Order No. The Court did not address whether the "principle of reciprocity" had any legal significance in the proceeding. 44 Stat. 1037, 1055 (1964). 340 U.S. 367. 0000007343 00000 n 0000008569 00000 n Appellant further contends that any seizure or confiscation of the property of an enemy national made by the United States contrary to the above declaration of international law is as null and void as though it were made in violation of the Constitution of the United States. Brown v. United States, 8 Cranch 110, 122, 3 L.Ed. It did not provide for the reimbursement of enemy owners for their property when thus confiscated. Petition for Rehearing En Banc Denied June 12, 1959. He also became entitled to receive certain funds deposited to his credit in a checking account in a New York bank. Tag's appeal is from those orders. 1037 (1964) 16, Larry W. Kaye & Jeffrey B. Maltzman,'Twas the Night Before. 383 (Mar. Among the Law School's unique strengths are an extensive network of interdisciplinary at 104. 616, 620-621, 20 L.Ed. United States v. Chemical Foundation, Inc., 1926, 272 U.S. 1, 11, 47 S.Ct. of New Orleans, Inc., 444 U.S. 232 (1980) 4, Mitchell Coal & Coke Co. v. Pennsylvania R.R. Br. The following is a complete list of the trial judge, all attorneys, persons, associations of persons, firms, partnerships, or corporations that have an interest in. (Emphasis supplied.) It did not provide for the reimbursement of enemy owners for their property when thus confiscated. Circuit U.S. Court of Appeals opinions delivered to your inbox! There is no constitutional prohibition against confiscation of enemy properties. Only injunctive relief is available in a private action alleging a violation of Title III of the ADA. 10, 1983); Letter of Transmittal from President Clinton to the Senate, 140 Cong. 268, 305 et seq., 20 L.Ed. For example, the First War Powers Act of 1941 amended 5(b) of the Act so as to authorize vesting the property of any foreign national.10 The War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals.11. 135; Kirk v. Lynd, 106 U.S. 315, 316, 1 S.Ct. Synopsis of Rule of Law. Ports 8, II. ADA Title III Technical Assistance Manual: Section III-1.2000(D) (1994 Supp.) at 21).Brown involved a claim by the holder of a U.S. patent against the master of a foreign ship that installed the patented improvement prior to the ship's arrival in U.S. waters.Brown,60 U.S. at 193. 7 U.S.T. Petition for Rehearing En Banc Denied June 12, 1959. He asked also for the return, with interest, of whatever monies had been vested. Rec. For example, the First War Powers Act of 1941 amended 5(b) of the Act so as to authorize vesting the property of any foreign national.10 The War Claims Act of 1948 added 39 to the Act prohibiting the return of vested property to certain classifications of German nationals.11. The treaties were of no greater legal obligation than the act of Congress. Subscribers are able to see a visualisation of a case and its relationships to other cases. Law Offices of Matthew W. Dietz, P.L.1227 25thStreet, N.W. Amendments emphasize the Government's right of seizure and confiscation. Get Cline v. Rogers, 87 F.3d 176 (1996), United States Court of Appeals for the Sixth Circuit, case facts, key issues, and holdings and reasonings online today. Here the objection made is, that the act of 1888 impairs a right vested under the treaty of 1880, as a law of the United States, and the statutes of 1882 and of 1884 passed in execution of it. 0000004308 00000 n The 1952 Bonn Convention, among other things, provided that the Federal Republic of Germany thereafter would raise no objections against measures taken or to be taken with regard to property 'seized for the purpose of reparation or restitution, or as a result of the state of war * * *. <<>> In 1943 and 1949 his rights to these respective funds were vested in the Attorney General of the United States, as successor to the Alien Property Custodian, in the manner prescribed by the Trading with the Enemy Act.3 On October 18, 1954, Tag filed in the Office of Alien Property notice of his claim to the property and interests so vested. 1980) 12, Stevens v. Premier Cruises, Inc., 215 F.3d 1237 (11th Cir. You can explore additional available newsletters here. 735, "Guidelines for the Design and Operation of New Passenger Ships to Respond to Elderly and Disabled Persons' Needs" 14, Jaffe,Primary Jurisdiction,77 Harv. V), 33, 50 U.S.C.A.Appendix, 33, Markham v. Cabell, 1945, 326 U.S. 404, 413 et seq., 66 S.Ct. Customary International Law Recognizes That Flag States And Port States Both Have Authority To Regulate Vessels6, B. R.R. 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. .5i^Bg@jTt(PrP3Ds&O$$sgpqlL?G'i.y9tL85:nt7u"? "Coates v. City of Cincinnati,402 U.S. 611, 614 (1971). 1980) (courts "obligated to give effect to an unambiguous exercise by Congress of its jurisdiction to prescribe even if such an exercise would exceed the limitations imposed by international law").As such, even if this Court were to hold that application of the ADA to a foreign-flag cruise ship accepting passengers at U.S. ports presentsas perseconflict with customary international law, the ADA preempts any conflicting customary international law principles. Albert Karl TAG, Appellant,v.William P. ROGERS, Attorney General, and Dallas S. Townsend,Assistant Attorney General, Appellees. B at 660; Title III Technical Assistance Manual III-1.2000(D) (1994 Supp.) 664 United States Court of Appeals for the District of Columbia Circuit February 4, 1959, Argued ; May 21, 1959, Decided FACTS: The validity of certain vesting orders issued in 1943 and 1949 in accordance with the Trading with the Enemy Act were concerned. 227]. 1941).See also, Tag v. Rogers, 105 U.S.App.D.C. v. Reagan, 859 F.2d 929 (D.C. Cir. There is no constitutional prohibition against confiscation of enemy properties. CUSTOMARY INTERNATIONAL LAW DOES NOT PROHIBIT THE UNITED STATES FROM REGULATING THE DESIGN AND CONSTRUCTION OF SHIPS ENTERING U.S. at the national and international levels in efforts to improve the law and legal No. 320 (1900); Tag v. Rogers. The facts are not in controversy. Should Stevens prevail, the district court should not order any remedy that would directly conflict with any existing treaty provisions. At all material times the appellant, Albert Tag, was a German national residing in Germany. 2132, as amended, 49 Stat. 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. SeeBragdon v. Abbott, 524 U.S. 624, 646 (1998). The Act as passed in 1917 authorized the President, in time of war, to seize and confiscate enemy property found within the territories of the United States.7 It applied to property owned by nationals of an enemy nation as well as to property owned by an enemy nation itself. at page 302. 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. 11975; and Vesting Order No. 616, [20 L. Ed. The ADA Overrides Principles Of Customary International Law 10, B. 0000008881 00000 n 12181-12189, against Premier Cruises, Inc., the owner and operator of a cruise ship in connection with a cruise she took on Premier's vessel in May 1998 (R. 294(a). 85 Id. 431. 165. Stevens alleges that Premier violated the ADA by failing to remove architectural barriers to accessibility. The court applied the presumption against extraterritoriality set forth in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), because the cruise ship is owned by a foreign company and sails under a foreign-flag (R. 11 at 3-4). It must be conceded that the act of 1888 is in contravention of express stipulations of the treaty of 1868 and of the supplemental treaty of 1880, but it is not on that account invalid or to be restricted in its enforcement. The District Court, after hearing, denied Tag's motion for summary judgment and granted that of Rogers and Townsend for dismissal of the complaint. 3425, Official Gazette of the Allied High Commission for Germany, No. Stevens filed a motion for reconsideration in which she tendered a proposed amended complaint. <>/ProcSet 120 0 R/XObject 99 0 R>> 32, 50 U.S.C.A.Appendix, 32, 50 U.S.C.App.(Supp. UNCLOS Art. 1959) (upholding seizure of property by the Attorney General during World War II, pursuant to the Trading With the Enemy Act, despite customary . In either case the last expression of the sovereign will must control.' First, the United States has recognized that Title III should not be applied in a way that would conflict with international treaties. 290, 44 L.Ed. (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. 0000002749 00000 n 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. 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. No. 39, 50 U.S.C.A.Appendix, 39. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. Pres. Miss Marbeth A. Miller, Atty., Dept. DSS Opp. 1246, 50 U.S.C.App. 320, the Court found that peaceful fishing vessels were exempt from confiscation by reason of international law. The Cherokee Tobacco, 1870, 11 Wall. 1-2. . Referral of the issue to the administrative agency does not deprive the court of jurisdiction; it has discretion either to retain jurisdiction or, if the parties would not be unfairly disadvantaged, to dismiss the case without prejudice. 0000002010 00000 n at 1243 n.8. 411, 50 U.S.C.App. It was entitled a "Treaty between the United States and Germany of friendship, commerce and consular rights." the outcome of the particular case on appeal, including subsidiaries, conglomerates, affiliates, and parent corporations, including any publicly held company that owns, 10 percent or more of the party's stock, and other identifiable legal entities related, __________________________ANDREA PICCIOTTI-BAYERAttorneyDepartment of JusticeP.O. "13 It provided also that German nationals thereafter would not assert claims of any description against the allies or their nationals arising out of actions taken or authorized by such allies because of the existence of a state of war in Europe. of Justice, with whom Messrs. George B. Searls and Irwin A. Seibel, Attys., Dept. For terms and use, please refer to our Terms and Conditions 44 Stat. "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. 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. At all material times the appellant, Albert Tag, was a German national residing in Germany. No. 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. 1988) (rejecting argument that continued funding by Congress of "Contras" in Nicaragua in violation of an International Court of Justice judgment violated customary international law principle that nations must obey the rulings of an international court); Tag v. Rogers, 267 F.2d 664, 666 (D.C. Cir. 1968), cert. 616, 620-621, 20 L. Ed. Defendant Herbert L. Rogers was arrested in his home on Dec. 16, 1975 at about 10:15 a.m. as a suspect in a liquor store robbery committed by two youths on Feb. 7, 1975. 227). "Ibid.As such, the Court concluded. 12, 13, Craig Allen,Federalism in the Era of International Standards (Part II),29 J. Mar. In fact, the Bonn Convention gave support to Allied High Commission Law No. The 1952 Bonn Convention, among other things, provided that the Federal Republic of Germany thereafter would raise no objections against measures taken or to be taken with regard to property "seized for the purpose of reparation or restitution, or as a result of the state of war * * *. . The issue is thus presented whether subsequent Acts of Congress shall be recognized in our federal courts rather than earlier conflicting provisions of a treaty. 565, 572 (1998) 6, Commentary - The 1982 United Nations Convention on the Law of the Sea and the Agreement on Implementation of Part XI, Feb. 1995, 34 I.L.M. 604; White v. Mechanics Securities Corp., 269 U.S. 283, 300, 46 S.Ct. <> <> 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.8 The latter is the situation here and the only arguable issue is whether the provisions enacted in the Treaty of 1923, or the provisions contained in the Trading with the Enemy Act, as subsequently amended, shall be recognized by the courts. 96 0 obj 11975; and Vesting Order No. This authority is "domestic in its character, and necessarily confined within the limits of the United States. Brown v. United States, 8 Cranch 110, 122, 3 L. Ed. 36 Fed. Their argument reflects a mistaken understanding of primary jurisdiction, which is a doctrine specifically applicable to claims properly cognizable in court that contain some issue within the special competence of an administrative agency. 32, 50 U.S.C.A.Appendix, 32, 50 U.S.C.App. In the alternative, he sought compensation for the properties and interests thus taken from him. P. 29(d) and Eleventh Circuit Rule 29-2, the attached amicus brief was prepared using WordPerfect 9 and contains 4,820 words of proportionally spaced type. 1571, 1580 (2001) (acknowledging that "[s]ituations involving alleged discriminatory policies by foreign-registered cruise lines operating in the United States may be appropriate for judicial resolution at this juncture"). Lockeinvolved regulations adopted by the State of Washington applied to oil tankers, both foreign and domestic, entering state waters. 1 The three dogs were shot by members of the Rusk County Sheriff's Department on June 12 and 13, 1979 while Rob was on an extended vacation with his father. 40 Stat. 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. Also gives States broad authority to regulate SHIPS that enter their ports request Permissions, by... Prevail, the district Court should not order any remedy that WOULD CONFLICT with CUSTOMARY international Law OR OBLIGATIONS! Imo to guide Contracting States do not have the force of TREATY provisions see the list of connected... ),29 J. 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