New York Chinese TV Programs Inc v. UE Enterprises Inc and Others

Abstract

States — Definition of State — Attributes of Statehood — Territory — Population — Government — Capacity to enter into foreign relations — Taiwan — Whether possessing attributes of Statehood — Significance of non-recognition by other States

Governments — Recognition — Effect of non-recognition — Taiwan — Withdrawal of recognition by United States — Whether withdrawal of recognition causing existing treaties between United States and Taiwan to terminate

Treaties — Termination — Severance of diplomatic relations — Whether withdrawal of diplomatic relations automatically terminating treaty — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — United States severing diplomatic relations with Taiwan — Whether causing termination of treaty — Significance of views of the Executive

Relationship of international law and municipal law — Conduct of foreign relations — Role of the Executive, Senate and the courts — Treaties — Determination as to whether treaty still in force — Whether determination to be made by Executive or courts — Amendments to treaties — Constitutional requirement that treaty amendments requiring Senate approval — Whether change of name of party to treaty constituting an amendment — Taiwan Relations Act

Economics, trade and finance — Bilateral commercial treaties — Taiwan–United States Friendship, Commerce and Navigation Treaty, 1946 — The law of the United States