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When is it proper to invoke a treaty? Landmark case: although it doesn’t give the
term "self-executing" it describes it.
Facts: The suit is about possession of land in Louisiana. P claimed that the land
was granted by the Spanish Governor. D asserts that there is no title on which P
can recover b/c the territory on which the land is on had been ceded to France,
then from France to the U.S. before the land was granted by the Spanish Governor,
and so there was no authority by the Spanish governor to grant the land.
○ U.S. insisted that by Treaty of St. Ildefonso, on 10/01/1800, Spain ceded
the disputed territory to France, and then France, by the Treaty of Paris, on
04/30/1803, ceded it to the U.S.
○ Spain insists that the cession to France did not include that specific
territory.
Issue: How does US court decide who the land belonged to at the time?
Notes
• What does P want us to believe about this treaty?
○ In the treaty btwn US and Spain, there was a provision that Spain will
give land to US, and territory ceded by Spain shall be ratified and confirmed to
persons in possession of the land. So P can claim the land then.
○ Question is; Whether or not when we sign the treaty, that the grant of
land is assigned to P, or if more has to be done?
○ Part I: this is not a self-executing treaty, so P cant rely on the treaty
until its ratified and implemented by Congress
§ Dualist system of law
□ On one hand, the international realm of law - where US has made
an agreement with Spain
® Here, may be brought in international court if treaty
provisions say this, and state consented
□ On the other hand, in the domestic realm - domestically, the
treaty doesn’t become law until it is ratified and implemented domestically.
○ Why is this treaty not self-executing?
§ Go to the text of the treaty - specifically mentions of the
ratification process