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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

John A. Boyd
John A. Boyd*
Affiliation:
Department of State
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Extract

The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.

Type
Research Article
Information
American Journal of International Law , Volume 72 , Issue 2 , April 1978 , pp. 375 - 409
Copyright
Copyright © American Society of International Law 1978

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References

1 13 Weekly Comp. of Pres. Doc. 1705-06 (Nov. 7, 1977).

2 White House Press Release, Nov. 1, 1977, 16 ILM 1562 (1977).

3 Id 1565.

4 Id 1565-66.

1 32 GAOR, Supp. (No. 10), UN Doc. A/32/10 (1977).

2 Press Release USUN-112(77), at 16-18 (Nov. 11, 1977).

1 The Trusteeship Agreement for the former Japanese Mandated Islands was approved by the UN Security Council on April 2, 1947, and by the United States on July 18, 1947. TIAS No. 1665, 61 Stat. 3301, 12 Bevans 951, 8 UNTS 189, entered into force on July 18, 1947.

2 42Fed. Reg. 56,593 (1977).

3 Dept. of State File IO/UNP.

1 Dept. of State File IO/UNP.

1 UN Doc. A/C.3/32/L.17/Rev. 1 (1977).

2 Press Release USUN-131(77) (Dec. 5, 1977).

3 UN Doc. A/32/P.V.105 (1977).

1 H.R. 7679, 95th Cong. 1st Sess., 123 Cong. Rec. H. 5626 (daily ed. 1977).

2 Dept. of Justice release (Aug. 1, 1977). (Appendices omitted.)

3 Diplomatic Privileges and Immunities. Hearings and Markup Before the Subcomm. on International Operations of the House Comm. on International Relations, 95th Cong. 1st Sess. 214, 217, 218 (1977).

1 The Arrests Handbook, whose full title is the Special Consular Services Handbook: Protection of American Nationals Arrested, on Trial, or Imprisoned, has six chapters dealing with the responsibility of a U.S. consular officer with regard to arrests, pretrial confinement, trial, prolonged imprisonment, death of a prisoner, and release.

3 Diplomatic Privileges and Immunities. Hearings and Markup Before the Subcomm. on International Operations of the House Comm. on International Relations, 95th Cong. 1st Sess. 214, 217, 218 (1977).

1 The Arrests Handbook, whose full title is the Special Consular Services Handbook: Protection of American Nationals Arrested, on Trial, or Imprisoned, has six chapters dealing with the responsibility of a U.S. consular officer with regard to arrests, pretrial confinement, trial, prolonged imprisonment, death of a prisoner, and release.

3 Id. 107 (footnotes omitted).

4 Id. 107.

5 Id. 111. The entire text of Mr. Pommerening's memorandum can be found in pages 107-112 of the committee print.

1 Report of the U.S. Delegation to the Conference 28-30, Sept. 8, 1977.

1 123 Cong. Rec. S 17372-73 (daily ed. Oct. 19, 1977).

2 Id. S 16133 (daily ed. Oct. 3, 1977).

3 Id. S 16128 (daily ed. Oct. 3, 1977).

4 Dept. of State Press Release No. 432 (Sept. 24, 1977).

5 123 Cong. Rec. S 16134 (daily ed. Oct. 3, 1977).

6 123 Cong. Rec. S16126 (daily ed. Oct. 3, 1977). The following are the footnotes to the Legal Adviser's letter:

a Language in the House bill (H.R. 7936) which would have included “measures” other than international agreements within the Act's definition of “disarmament” was deleted prior to enactment.

b Mr. Wamke so testified to the Committee on Foreign Relations on September 26.

c The International Court of Justice has ruled that in some circumstances a state may be legally bound by a unilateral statement. (Nuclear Test Cases, Australia v. France and New Zealand v. France, Judgment of 29 Dec. 1974, I.C.J. Reports 1974, pp. 253 and 457.) However, that decision turned on the intent of the declaring state to be bound and the likelihood of reliance by other states on the binding character of the declaration. Its rationale is not applicable in the present circumstances in which the United States has publicly made clear that it does not intend its statement to be binding.

7 Dept. of State File No. P78 0019-542.

1 Dept. of State File No. P78 0005-1847.

2 Dept. of State File No. P78 0005-1857.

3 Dept. of State File No. P78 0005-1850.

1 U.S. Dept. of Commerce PAT 77-8 (Nov. 9, 1977). The text of the PCT may be found in S. Ex. S, 92d Cong., 1st Sess., Sept. 12, 1972 and 9 ILM 978 (1970).

1 The United States and Canada entered into the Agreement for Cooperation on Civil Uses of Atomic Energy (TIAS No. 3304; 6 UST 2595; 235 UNTS 175; entered into force July 21, 1955) on June 15, 1955. This agreement was extended and amended on the following dates: June 26, 1956 (TIAS No. 3771; 8 UST 275; 279 UNTS 318); May 22, 1959 (TIAS No. 4271; 10 UST 1293; 354 UNTS 63); June 11, 1960 (TIAS No. 4518; 11 UST 1780; 377 UNTS 412); May 25, 1962 (TIAS No. 5102; 13 UST 1400; 453 UNTS 362).

2 TIAS No. 8287, entered into by an exchange of notes of March 18 and 25, 1976.

3 Dept. of State File No. P77 179-1193.

1 For the text of Protocol I, see Official Documents section, infra p. 457.

2 Id. p. 502.

3 Dept. of State telegram 295654 (Jan. 4, 1978).

1 Press Release USUN-101(77) (Nov. 4, 1977).

2 UN Doc. S/Res./418 (1977), Nov. 4, 1977.

3 77 Dept. State Bull. 716 (1977).