- UK brings action on behalf of Indians against the US arguing treaty br to pay annuity to them. Some Cayugas in Canada, some in US after split of the tribe. Annuities paid to US Cayugas only. Ct says that the money shld be paid.
- Two types of treaties involved:
- Three btwn Cayuga Indians and NY
- Treaty of Ghent btwn US and UK
- Cayugas cld not enter into treaty today—Vienna Convention Art 2, p. 868
- Montevideo Convention defines state:
- Capacity to enter into relations between states
- Holding: Based on treaty interpretation (b/c treaty says that disputes will be decided on intl law and equity), ct looks to recognized principles of fairness and justice.
- Why go to arbitration w/ this ques? B/c it is quicker and parties can control the issues. This cldn’t go to the ICJ b/c Cayugas aren’t a state.
- Several types of equity used here:
- Intra legem—decided according to law.
- Praeter legem—equity applied in place of the law (adds to law)
- Contra legem—contradicting the law.
- Not always necessary to make these kinds of distinctions—so many issues sometimes it would be ridiculous (Nicaragua case).
Sunday, March 25, 2012
Cayuga Indians Case case brief
Cayuga Indians Case (American and British Claims Arbitration, 1926; p. 148)
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