Question & Answer: Which question is correct concerning treaties? a. They can't conflict with a statute that is…..

Which question is correct concerning treaties? a. They can’t conflict with a statute that is passed by Congress

b. They are equivalent in priority with the Constitution of the united States and are also considered to be the supreme law of our land.

Expert Answer

Answer

A Treaty is a binding formal agreement, contract, or other written instrument that establishes obligations between two or more entities e,g states or international organizations.

The rules concerning treaties between states are contained in the Vienna Convention on the Law of Treaties (1969), and those between states and international organizations appear in the Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations (1986).

Since treaties come into existence when there is an agreement which is “international “ in nature, it cannot be construed as law of a land and thus cannot be considered equivalent in priority with the constitution of United states of America which only governs the domestic affairs of USA. However since one of the parties in a treaty is the state ( e.g United States of America) and the treaty must be binding on the state ( viz: United States of America), nothing must be written in the treaty which is in direct conflict with the law of the land of United States of America ( viz statute passed by US Congress).

With above rationale in mind , following statement is correct concerning treaties “ a. They can’t conflict with a statute that is passed by Congress”

ANSWER : A) THEY CAN’T CONFLICT WITH A STATUTE THAT IS PASSED BY CONGRESS
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