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U.S. Memorandum in Corbett v. Stergios (Supremacy of treaties; interpretation of treaties)*

Published online by Cambridge University Press:  04 April 2017

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Type
Judicial and Similar Proceedings
Information
International Legal Materials , Volume 4 , Issue 4 , July 1965 , pp. 630 - 635
Copyright
Copyright © American Society of International Law 1965

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Footnotes

*

[Reproduced from the Memorandum for the United States filed in the U.S. Supreme Court on December 21, 1964. [On May 3, 1965, the U.S. Supreme Court delivered the following opinion: “Per Curiam, May 3, 1965: “In light of our construction of the Treaty of Friendship, Commerce and Navigation between the United States and the Kingdom of Greece, a construction confirmed by representations of the signatories whose views were not available to the Supreme Court of Iowa, the judgment is reversed. Clark v. Allen, 331 U.S. 503.” [The opinion of the Supreme Court of Iowa of February 11, 1964, is reported at —Iowa —, 126 N.W.2d 342 (1964).]

References

1 “J.S. App.” refers to the appendix to the Jurisdictional Statement.

2 See Iowa Code Annotated, sees. 600.6, 633.13, 636.31.

3 The Greek Government called to the attention of the Department of State the decision of the Iowa trial court and the then pending appeal to the Supreme Court of Iowa. See App., infra, pp.7-8.

4 Section 1(b) of Article I X permits the Greek Government to restrict in some respects the “national treatment” accorded American nationals.

5 Contrary to the statement of the Iowa Supreme Court (J.S. App. A8), there is no provision in the Treaty-which “supersedes” Article I X , section 2. The Court's reliance on Article XXIV, section 1 (J.S. App. A8) is misplaced; that section states only that “national treatment” shall not be taken to imply“immunity from the laws and regulations of a Party which apply in a non-discriminatory manner to nationals * * * of loth Parties”(J.S. App. A31). (Emphasis added.)