When there is a direct conflict between a Code section and a treaty provision, the most recent item takes precedence.

Question

Quizplus · Accepted Answer

This is known as the doctrine of treaty supremacy, which means that treaties will prevail over conflicting domestic laws. In this case, the Code section would be considered a domestic law while the treaty provision is an agreement between nations. Therefore, the more recent treaty provision would take precedence.

When There Is a Direct Conflict Between a Code Section