RE:Problem Not with IAEA Safeguards Agreement
by AK on Jul 13, 2008 12:08 AM Permalink
Please understand the US legislative system. A treaty (agreement) signed by a President has to be ratified by the US Congress.
Hyde Act is an act that governs future actions of US Government in reaching any agreements with any foreign country.
For US Congress to ratify this 123 agreement, ity will have to amend the Hyde Act that will exempt US Government for India.
RE:Problem Not with IAEA Safeguards Agreement
by All Right on Jul 13, 2008 12:15 AM Permalink
The Hyde Act is only a bogey for Knickerwallahs and Commies
First of all, tell me one mention of Hyde Act in either the 123 Agreement or IAEA Safeguard Agreement. The fact is that there is none.
If any, there is only an indirect reference -
"Each Party shall implement this Agreement in accordance with its respective applicable treaties, national laws, regulations, and license requirements concerning the use of nuclear energy for peaceful purpose".
The reality is that there is no mention of Hyde Act specifically under the 123 Agreement or in the IAEA Safeguard Agreement. Only indirectly through mention of operable "national laws". But this mention of "national laws" is mutual. This means if Hyde Act is a domestic law of the US, we can have a law exactly reverse of the Hyde Act. In a dispute, we are bound by our national laws while the US is to theirs -creating a legal gridlock. The Hyde Act in reality is a toothless tiger!
RE:Problem Not with IAEA Safeguards Agreement
by AK on Jul 13, 2008 12:20 AM Permalink
"national laws" here means that until each government passes this agreement, it does not come into force.
