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In reply to the discussion: A truly stunning display of ignorance, Trump doesn't know what an MOU is [View all]William Seger
(12,564 posts)49. An MOU is considered to be a contract if...
https://en.wikipedia.org/wiki/Memorandum_of_understanding
And again, the real problem is that when Lighthizer tried to tell Trump that the MOU under discussion will be a binding contract, he simply refused to understand that.
Whether a document constitutes a binding contract depends only on the presence or absence of well-defined legal elements in the text proper of the document (the so-called "four corners" ). The required elements are: offer and acceptance, consideration, and the intention to be legally bound (animus contrahendi).
...
In international relations, MoUs fall under the broad category of treaties and should be registered in the United Nations treaty collection.[6] In practice and in spite of the United Nations Office of Legal Affairs' insistence that registration be done to avoid 'secret diplomacy', MoUs are sometimes kept confidential. As a matter of law, the title of MoU does not necessarily mean the document is binding or not binding under international law. To determine whether a particular MoU is meant to be a legally binding document (i.e., a treaty), one needs to examine the parties intent as well as the signatories' position (e.g., Minister of Foreign Affairs vs. Minister of Environment). A careful analysis of the wording will also clarify the exact nature of the document. The International Court of Justice has provided some insight into the determination of the legal status of a document in the landmark case of Qatar v. Bahrain, 1 July 1994.[7]
...
In international relations, MoUs fall under the broad category of treaties and should be registered in the United Nations treaty collection.[6] In practice and in spite of the United Nations Office of Legal Affairs' insistence that registration be done to avoid 'secret diplomacy', MoUs are sometimes kept confidential. As a matter of law, the title of MoU does not necessarily mean the document is binding or not binding under international law. To determine whether a particular MoU is meant to be a legally binding document (i.e., a treaty), one needs to examine the parties intent as well as the signatories' position (e.g., Minister of Foreign Affairs vs. Minister of Environment). A careful analysis of the wording will also clarify the exact nature of the document. The International Court of Justice has provided some insight into the determination of the legal status of a document in the landmark case of Qatar v. Bahrain, 1 July 1994.[7]
And again, the real problem is that when Lighthizer tried to tell Trump that the MOU under discussion will be a binding contract, he simply refused to understand that.
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A truly stunning display of ignorance, Trump doesn't know what an MOU is [View all]
underpants
Feb 2019
OP
To Trump, Binding Agreements DON'T MEAN ANYTHING! Just ask the thousands of contractors he's fucked.
TheBlackAdder
Feb 2019
#1
Then he and the Chinese will get along just fine. They both have the same attitude.
TeamPooka
Feb 2019
#23
I hate that word. and yet, after moments like this and many others he truly does seem
TeamPooka
Feb 2019
#24
There is *NO* surprise anymore about his ignorance, just about his supporters & collaborators.
UTUSN
Feb 2019
#10
haha. Trump clearly didn't even know what the letters "MOU" stood for, tries to save face. ha ha
Demovictory9
Feb 2019
#21
Hell, it isn't just that he doesn't know, it that he REFUSES TO LISTEN OR LEARN
RockRaven
Feb 2019
#29
The 'art' is cleverly changing the terms before drawing up the final paperwork
localroger
Feb 2019
#55