Also known as:foedera · foederis · foederum · foedere · treaty · covenant · alliance
Written by attorneys — see sources below.
A historical term in international law for a treaty, league, or compact between sovereign entities.
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Common Examples
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States Execute Border Compact
State A and State B signed a foedus to coordinate border trade rules. The compact required congressional approval under the Constitution. A court examined whether the arrangement constituted a forbidden treaty or permissible agreement.
Sovereigns Form Mutual League
Two nations entered a foedus establishing mutual defense obligations. The league bound each sovereign to provide aid upon attack. Subsequent disputes tested the continuing force of the compact.
Treaty Recorded as Foedus
A sovereign entered a foedus with a foreign power concerning trade rights. The instrument was ratified according to constitutional processes. Courts later construed the scope of obligations created by the compact.
State A and State B signed an agreement to coordinate border trade rules. The compact required no congressional approval. A court held the arrangement invalid because the Constitution forbids states from entering such agreements without consent.
Executive Agreement Invalidated
A president concluded an executive agreement resembling a foedus with another nation. The pact conflicted with constitutional protections. The Supreme Court invalidated the arrangement for exceeding treaty power limits.
Foedus Governs Arbitration
Nations formed a foedus providing for arbitration of commercial disputes. The treaty specified enforcement procedures in domestic courts. A party sought recognition of an award rendered under the compact.
1 common questions
Students Frequently Ask...
What does the term foedus historically signify in legal usage?
It denotes a treaty, league, or compact between sovereign powers under historical international law.
covenant
, who was being sued for damages by the covenantors because she had conveyed her property to Negroes, was allowed to raise the issue that enforcement of the