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2022年9月の記事

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Limits on Executive Agreements

2022年9月19日

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Executive agreements are international agreements made by the President of the United States without the approval of Congress. While these agreements are a useful tool for quickly negotiating and implementing foreign policy, they are not without limits. Here are some of the key limitations on executive agreements:

1. They cannot contradict existing federal law.

Executive agreements cannot override or amend existing federal law. If an executive agreement conflicts with a federal law, the law takes precedence. For example, if an executive agreement attempted to legalize an activity that is prohibited by federal law, the agreement would be invalid.

2. They cannot violate the Constitution.

Executive agreements must also comply with the Constitution. If an executive agreement violated the Constitution, it would be struck down by the courts. For example, if an executive agreement attempted to establish a national religion, it would be unconstitutional and therefore invalid.

3. They cannot infringe on the powers of Congress.

Executive agreements cannot infringe on the powers granted to Congress by the Constitution. If an executive agreement attempted to take away powers that belong to Congress, it would be invalid. For example, if an executive agreement attempted to transfer the power to declare war from Congress to the President, it would be unconstitutional and therefore invalid.

4. They must be within the scope of the President`s authority.

Executive agreements must also be within the scope of the President`s authority. If an executive agreement exceeded the President`s authority, it would be invalid. For example, if an executive agreement attempted to regulate domestic commerce, it would be outside the scope of the President`s authority and therefore invalid.

5. They are subject to change by future Presidents.

Finally, executive agreements are subject to change by future Presidents. Unlike treaties, which require the advice and consent of the Senate and can only be terminated by mutual agreement, executive agreements can be terminated by the President at any time. This means that an executive agreement made by one President may not necessarily be upheld by the next President.

In conclusion, while executive agreements can be a valuable tool for implementing foreign policy, they are subject to certain limits. These limits ensure that executive agreements do not violate federal law or the Constitution, infringe on the powers of Congress, or exceed the President`s authority. Additionally, executive agreements are subject to change by future Presidents, which means that their longevity is never guaranteed.

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Agreements among States Themselves

2022年9月15日

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Agreements Among States Themselves: Promoting Cooperation and Unity

In the world of politics, the cooperation among states themselves is of great importance. The signing of agreements between states reflects new dimensions of cooperation across borders, leading to the creation of a more stable, peaceful, and prosperous global community. An agreement among states is a legally binding document that outlines the terms and conditions under which states agree to work together towards a shared goal. These agreements can take many forms, including treaties, memoranda of understanding, and protocols.

The primary objective of agreements among states is to promote cooperation and unity, particularly in areas such as trade, economics, climate change, security, and human rights. In the international arena, such agreements can serve as a powerful instrument for achieving common goals, resolving disputes, and preventing conflicts. When states collaborate, they can leverage each other`s strengths and resources, leading to shared gains and benefits.

The process of negotiating, drafting, and ratifying such agreements is a complex and time-consuming process. It involves extensive consultations between states and stakeholders, the assessment of impacts, and the review of legal and technical issues. Once an agreement is reached, it must be signed, ratified, and implemented in a timely and efficient manner. Compliance is crucial, and strict monitoring and evaluation mechanisms are put in place to ensure that all parties fulfill their obligations.

One of the most significant agreements among states is the United Nations Charter, which is a binding agreement signed by all member states of the United Nations. The Charter lays out the framework for international cooperation and peacekeeping, outlining the principles of sovereignty, non-intervention, and human rights. The UN Charter also provides a range of mechanisms for resolving disputes between states, including the International Court of Justice and the Security Council.

Another example of an agreement among states is the Paris Agreement on Climate Change, which was adopted by 196 parties in 2015. The Paris Agreement is a landmark agreement that sets out a global framework for limiting global warming to well below 2 degrees Celsius above pre-industrial levels. It also provides for the creation of a financial mechanism to support developing countries in their efforts to mitigate and adapt to climate change.

In conclusion, agreements among states are an essential tool for promoting cooperation and unity. They provide a framework for states to work together towards shared goals and interests, leading to greater stability, prosperity, and peace. The process of negotiating, drafting, and implementing such agreements is a complex one, but the benefits are well worth the effort. As the challenges facing the world become more complex and interconnected, the need for states to cooperate and collaborate will only become more pressing.

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Tag-Along Operating Agreement

2022年9月11日

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A tag-along operating agreement is a legal document that outlines the rights and obligations of members in a limited liability company (LLC).

In simple terms, a tag-along agreement is a provision that gives minority members the right to “tag along” with majority members when they sell their shares in the company. This protects the minority members from being left out of major decisions that affect the company.

So, how exactly does a tag-along provision work?

Let`s say that an LLC has three members, A, B, and C. Member A owns 51% of the company`s shares, while members B and C each own 24.5% of the shares. If Member A decides to sell their shares to a third party, the tag-along provision would give members B and C the right to sell their shares as well.

This means that if Member A is offered a great price for their shares, members B and C would also have the opportunity to sell their shares at the same price. Without this provision, Member A could sell their shares to a third party, and members B and C would be left with a new majority member without their consent.

A tag-along provision helps to ensure that all members have a say in major decisions that may affect the future of the company. For example, if a majority member wants to sell their shares, the minority members can feel secure knowing that they will not be left out of the decision.

While a tag-along provision is not required by law for LLCs, it is a recommended practice for companies looking to protect the rights of all members. It is important to either include a tag-along provision in the initial operating agreement or to amend the agreement to add it later.

In conclusion, a tag-along operating agreement is a legal document that protects the rights of minority members in an LLC. It gives them the right to “tag along” with majority members when they sell their shares, ensuring that all members have a say in major decisions. For companies looking to establish a fair and just environment for all members, a tag-along operating agreement is highly recommended.

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