asked the Minister for External Affairs whether, in respect of treaties entered into between the Government of the late United Kingdom of Great Britain and Ireland and of the United States of America, he is aware that the Government of the United States of America contends that such treaties are, since 1922, no longer in force between that country and this, and if, in particular, he is aware that this contention affects the heir-at-law rights of citizens of this State who inherit real property situate in the United States of America, and if he will state what is the present position in the matter.
Ceisteanna—Questions. Oral Answers. - The Saorstát and American Treaties.
The Deputy has been misinformed. The Government of the United States have never contended that treaties referred to in the Deputy's question are not in force between the Irish Free State and the United States. Such treaties have been acted upon by the two countries as occasion has arisen.
With regard to the specific matter mentioned in the Deputy's question, namely, heir-at-law rights of Irish nationals to real property situated in the United States, the Hay-Pauncefote Treaty of the 2nd March, 1899, applies. The provisions of that treaty confer upon the citizens of each country rights of disposal with regard to property situated in the other. There are, as the Deputy is no doubt aware, certain States of the Union in which, by the law of the State, foreigners are deprived of rights of inheritance to real property, but such State laws do not operate against nationals of countries with which the United States has treaty relations similar to those established by the Hay-Pauncefote Treaty of 1899. By virtue of Article 6 of the Constitution of the United States, treaties concluded by the United States are part of "the supreme law of the land."
The present position of the Irish Free State with regard to treaties and conventions concluded between the late United Kingdom and other countries is based upon the general international practice in the matter when a new State is established. When a new State comes into existence, which formerly formed part of an older State, its acceptance or other wise of the treaty relationships of the older State is a matter for the new State to determine by express declaration or by conduct (in the case of each individual treaty) as considerations of policy may require. The practice here has been to accept the position created by the commercial and administrative treaties and conventions of the late United Kingdom until such time as the individual treaties and conventions themselves are terminated or amended. Occasion has then been taken, where desirable, to conclude separate engagements with the States concerned.