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Gentlemen's Agreement

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Gentlemen's Agreement

A gentlemen's agreement (or gentleman's agreement) is an informal and legally non-binding agreement between two or more parties. It is typically oral, though it may be written, or simply understood as part of an unspoken agreement by convention or through mutually beneficial etiquette. The essence of a gentlemen's agreement is that it relies upon the honor of the parties for its fulfillment, rather than being in any way enforceable. It is, therefore, distinct from a legal agreement or contract, which can be enforced if necessary.

History

The phrase appears in British Parliamentary records of 1821,[1] and in Massachusetts public records of 1835.[2] The Oxford English Dictionary cites P. G. Wodehouse's 1929 story collection Mr Mulliner Speaking as the first appearance of the term.[3]

Industry

A gentleman's agreement, defined in the early 20th century as "an agreement between gentlemen looking toward the control of prices," was reported by one source to be the loosest form of a "pool."[4] These types of agreements have been reported to be found in every type of industry, and are numerous in the steel and iron industries.[4]

A report from the [5] The efficacy of the agreement relied on members to keep informal pledges.[5]

In the automotive industry, Japanese manufacturers agreed that no production car would have more than 276 horsepower; this agreement ended in 2005.[6] German manufacturers limit the top speed of high-performance saloons (sedans) and station wagons to 250 kilometres per hour (155 miles per hour).

International relations

Intense anti-Japanese sentiment developed on the West Coast. US President Theodore Roosevelt did not want to anger Japan by passing legislation to bar Japanese immigration to the US, as had been done for Chinese immigration. Instead, there was an informal "Gentlemen's Agreement" (1907–8) between the United States and Japan, whereby Japan made sure there was very little or no movement to the US. The agreements were made by Secretary of State, Elihu Root, and Japan's Foreign Minister, Tadasu Hayashi. The agreement banned emigration of Japanese laborers to the US and rescinded the segregation order of the San Francisco School Board in California, which had humiliated and angered the Japanese. The agreements remained effect until 1924, when Congress forbade all immigration from Japan.[7]

Trade policies

Gentlemen's agreements have come to regulate international activities such as the coordination of monetary or trade policies.[8] According to Edmund Osmańczyk in the Encyclopedia of the United Nations and International Agreements, it is also defined as "an international term for an agreement made orally rather than in writing, yet fully legally valid".[9] This type of agreement may allow a nation to avoid the domestic legal requirements to enter into a formal treaty,[8] or it may be useful when a government wants to enter into a secret agreement that is not binding upon the next administration.[10] According to another author, all international agreements are gentlemen's agreements because, short of war, they are all unenforceable.[10] Osmańczyk pointed out that there is a difference between open gentlemen's agreements and secret diplomatic agreements.[9] In the United States, a prohibition against gentlemen's agreements in commercial relations between states was introduced in 1890, because the secretive nature of such agreements was beyond anyone's control.[9]

As a discriminatory tactic

Gentlemen's agreements were a widely used discriminatory tactic reportedly more common than restrictive covenants in "preserving" the homogeneity of upper-class neighborhoods and suburbs in the United States.[11] The nature of these agreements made them extremely difficult to prove or to track, and were effective long after the United States Supreme Court's rulings in Shelley v. Kraemer and Barrows v. Jackson.[11] One source states that gentlemen's agreements "undoubtedly still exist," but that their use has greatly diminished.[11]

In 1934, the [13]

See also

References

  1. ^ Great Britain. Parliament (1812), Royal Commission of the Press 2, G.E. Eyre and W. Spottiswoode, printers to the Queen's Most Excellent Majesty, p. 267 
  2. ^ Massachusetts (1835), Public documents of Massachusetts 4, p. 150 
  3. ^ "gentleman, n.". OED Online. December 2013. Oxford University Press. 11 February 2014
  4. ^ a b Jones, Elio (1921). "II". The Trust Problem in the United States.  
  5. ^ a b c  
  6. ^ Japan Dumps 276-hp Pact
  7. ^ Carl R. Weinberg, "The 'Gentlemen's Agreement' of 1907-08," OAH Magazine of History (2009) 23#4 pp 36-36.
  8. ^ a b Kotera, Akira (1991). "Western Export Controls Affecting the Eastern Bloc". In Oda, Hiroshi. Law and Politics of West-East Technology Transfer 1988.  
  9. ^ a b c  
  10. ^ a b Shafritz, Jay M. The Dictionary of Public Policy and Administration.  
  11. ^ a b c Higley, Stephen Richard (1995). Privilege, Power, and Place: The Geography of the American Upper Class.  
  12. ^ Sports Law by Patrick Thornton. Chapter 7. Page 379.
  13. ^ N. Jeremi Duru, Friday Night ‘Lite’: How De-Racialization in the Motion Picture Friday Night Lights Disserves the Movement to Eradicate Racial Discrimination from American Sport, 25 CARDOZO ARTS & ENT. L.J. 485, 530 (2007).
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