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This Law Is Your Law

Publication Date: 
October 22, 2007
Outlook India
Ashish Kumar Sen

Professor and Co-Director of the Stanford Program in International Law Allen Weiner is quoted in an Outlook India story addressing the inconsistencies and ambiguities that the ratification of the 123 Agreement* creates vis-a-vis the Hyde Act**:

... Theoretically, a 123 Agreement shouldn't be inconsistent with its authorising legislation—in this case the Hyde Act. Says Allen Weiner, co-director of the Stanford Program in International Law: "The administration's lawyers were smart enough not to conclude a 123 Agreement which on its face violated the text of the authorising legislation because they knew that that would be dead on arrival." But the "studied ambiguity" in the 123 Agreement text, he says, has created a potential for inconsistencies with the Hyde Act.

*Agreement for Cooperation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy (123 Agreement)

**The United States-India Peaceful Atomic Energy Cooperation Act of 2006 (Hyde Act)