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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

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Extract

On May 19, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean, with Annex, signed at Moscow on February 11, 1992. An accompanying report by Secretary of State James A. Baker III, dated May 14, 1992, stated, in major part:

The Convention has as its centerpiece a prohibition on high seas fishing for Pacific salmon, which will protect valuable migrating U.S.-origin salmonids. It also establishes a new international organization to promote the conservation of anadromous stocks (primarily Pacific salmon) throughout their migratory range in the high seas area of the North Pacific Ocean and its adjacent seas, as well as ecologically related species that interact with these resources, including various marine mammals, seabirds, and non-anadromous fish species. The new organization, which is to be known as the North Pacific Anadromous Fish Commission, will also serve as a needed venue for consultation and coordination of high seas fishery enforcement activities by the contracting parties.

Type
Research Article
Information
American Journal of International Law , Volume 86 , Issue 4 , October 1992 , pp. 792 - 810
Copyright
Copyright © American Society of International Law 1992

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References

1 S. Treaty Doc. No. 30, 102d Cong., 2d Sess., at V–VIII (1992).

In note No. 11/Ugp (Jan. 13, 1992), the Ministry of Foreign Affairs of the Russian Federation asked the heads of diplomatic missions in Moscow to inform their governments that the Russian Federation would continue to carry out obligations under international treaties concluded by the Union of Soviet Socialist Republics, and that the Government of the Russian Federation would perform the functions of depositary for corresponding multilateral agreements in place of the Government of the USSR. The Ministry requested that the Russian Federation be considered as a party to all international agreements in force in place of the USSR. American Embassy Moscow to Dept. of State, telegram No. 01654 (Jan. 17, 1992).

1 Pub. L. No. 94-452, 90 Stat. 2509 (codified at 22 U.S.C. §§1644–1644m).

2 In 1981 the Foreign Claims Settlement Commission (FCSC) stated that it had issued favorable awards on 1,899 claims (out of a total of 3,898 adjudicated) for a total principal amount of $77,880,352.69. Foreign Claims Settlement Commission, 1981 Annual Report, Including the Final Reports of the German Democratic Republic Claims Program and the Second China Claims Program 70 (1982). The FCSC also awarded claimants interest, calculated at a 6% simple annual rate from the date on which the property had been taken.

Under the 1992 Agreement, claimants electing to receive a portion of the settlement amount would receive the full principal amount of their FCSC awards, together with a portion of the interest awarded by the FCSC. The portion of the settlement above the principal amount of the FCSC awards, under U.S. law, is to be divided among eligible claimants on a pro rata basis. The amount of interest to be paid to claimants electing to receive a portion of the settlement is the equivalent of approximately 3% simple annual interest from the date of taking.

3 The Law Regulating Open Property Issues, annexed to the German Unification Treaty of August 31, 1990, establishes principles for determining when a claimant is eligible for restitution of property and when only compensation will be available. 1990 BGB1.II 1159.

4 For the text of the Agreement, see Dept. of State File No. P92 0086-1828.

5 Id., Nos. P92 0086-1826, 1827.

6 See 85 AJIL 160 (1991).

1 See 86 AJIL 354 (1992).

2 S. Treaty Doc. No. 32, 102d Cong., 2d Sess., at III–IV (1992).

3 Id. at V–XVIII (footnote omitted).

For the Agreement Establishing the Commonwealth of Independent States, Dec. 8, 1991, Russ.-Ukraine-Belarus, see 31 ILM 143 (1992). For the Protocol to this Agreement, Dec. 21, 1991, by which Azerbaijan, Armenia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan and Uzbekistan became members of the CIS, see id. at 147. For the Agreement on Joint Measures with Respect to Nuclear Weapons, Belarus-Kazakhstan-Russ.-Ukraine, see id. at 152. On February 14, 1992, the CIS heads of state concluded the Agreement on the Status of the Strategic Forces. It was signed by representatives of Azerbaijan (upon a condition), Armenia (with a “dissenting opinion”), Belarus, Kazakhstan (with a notation as to a further agreement with Kazakhstan), Kyrgyzstan (with a specification), Russia, Tajikistan, Turkmenistan, Uzbekistan, and Ukraine (with exceptions). For the text, see Foreign Broadcast Information Service, Daily Report: Central Eurasia (FBIS-SOV-92-032), Feb. 18, 1992, at 18–21.

1 Dept. of State File No. P92 0098-0748/0751.

A separate letter from Secretary of State James A. Baker III to Russian Foreign Minister Andrey Kozyrev, which the latter signed, “Accepted and agreed,” also dated June 17, 1992, concerned implementation of the Joint Understanding signed by the two Presidents. For the text of the separate letter, see id., No. P92 0098-0827.