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Legal Definitions - dispositive treaty
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Definition of dispositive treaty
A dispositive treaty is an international agreement between two or more sovereign states that involves the transfer of territory. It creates a special character on the territory, similar to a servitude or easement in private law. This type of treaty is different from other types of treaties, such as commercial treaties, defensive treaties, and peace treaties.
For example, the Louisiana Purchase Treaty of 1803 was a dispositive treaty between the United States and France. The treaty transferred the territory of Louisiana from France to the United States, giving the U.S. control over the Mississippi River and doubling its size. The treaty was signed by President Thomas Jefferson and ratified by the U.S. Senate.
Another example is the Treaty of Guadalupe Hidalgo of 1848, which ended the Mexican-American War. The treaty transferred a large portion of Mexico's territory to the United States, including California, Nevada, Utah, Arizona, New Mexico, and parts of Colorado, Wyoming, Kansas, and Oklahoma.
These examples illustrate how a dispositive treaty can have a significant impact on the territorial boundaries of a country and its political and economic power.
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Simple Definition
If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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