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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Marian L. Nash
Marian L. Nash*
Affiliation:
Office of the Legal Adviser, 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 73 , Issue 2 , April 1979 , pp. 277 - 294
Copyright
Copyright © American Society of International Law 1979

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References

page 277 note 1 14 Weekly Comp. Of Pbes. DOC. 2264-65 (Dec. 18, 1978).

page 278 note 2 Id. at 2266.

page 278 note 3 Dept, of State File No. P79 0001-1862, 1863. See further Ch. 5, §4 infra. Acting Secretary Christopher personally informed Minister Chen Tai-chu, chargé d'affaires of The Embassy of The Republic of China (in The absence of Ambassador James C. H. Shen), of The U.S. decision to terminate Diplomatic relations and The Mutual Defense Treaty earlier in The day of December 15, 1978, prior to President Carter's announcement of The decision in an address to The nation. The same information was simultaneously given by U.S. Ambassador Leonard Unger to The President of The Republic of China, Chiang Ching-kuo, in Taipeh.

page 278 note 4 New York Times, Dec. 18, 1978, city ed., at 1, col. 1.

page 279 note 5 Dept. of State news briefing, DPC 236, Dec. 18, 1978, at 16.

page 279 note 6 The enabling legislation referred to was introduced on January 29, 1979, in The Senate as S. 245 and in The House of Representatives as H.R. 1614, 96th Cong., 1st Sess. (1979). For The Senate report, see S. Rep. 96-7, Taiwan Enabling Act, 96th Cong., 1st Sess. (1979).

page 280 note 7 44 Fed. Reg. 1075 (1979).

page 280 note 1 Dept. of State News Briefing, DPC 187, Oct. 4, 1978.

page 280 note 2 UN Docs. S/RES/437 (1978), Oct. 10, 1978, and S/PV. 2090, Oct. 10, 1978.

page 281 note 3 UN Doc. S/PV. 2090, at 22-23/25, Oct. 10, 1978.

page 282 note 1 The footnote to Deputy Legal Adviser Marks's reply reads as follows:

Both The Japanese and United States Governments have subscribed to a number of international declarations calling on multinational enterprises to respect human rights and avoid discrimination. See point 7 of The 1976 OECD Guidelines for Multinational Enterprises and The ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. These are not binding, but they reinforce our view that Article VIII should not be read as conferring a license to discriminate.

For The OECD Guidelines for Multinational Enterprises, annexed to The OECD Declaration on International Investment and Multinational Enterprises, adopted June 21, 1976, see The 1976 DIGEST 520-24, and 15 ILM 969-77 (1976).

The Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, adopted by The Governing Body of The International Labor Office, Nov. 16, 1977, is reproduced with preface and annex in 17 ILM 422-31 (1978), and was also circulated as Annex II to UN Commission on Transnational Corporations, Intergovernmental Working Group of The Whole on The Code of Conduct, 3d sess., Transnational Corporations: Texts Relevant to an Annotated Outline Suggested by The Chairman of The Intergovernmental Working Group on The Code of Conduct, Report of The Secretariat, UN Doc. E/C.10/AC.2/3, Jan. 26, 1978.

page 284 note 2 Dept. of State File No. P79 0005-0552.

page 284 note 1 The Vienna Convention on Diplomatic Relations and Optional Protocol Concerning The Compulsory Settlement of Disputes, done April 18, 1961 (entered into force for The United States, Dec. 13, 1972), 500 Unts 95, TIAS No. 7502, 23 UST 3227. 3374.

page 286 note 2 Dept. of State File No. P78 0186-1393.

For The Consular Convention with The Soviet Union, signed June 1, 1964 (entered into force July 13, 1968), see TIAS No. 6503, 19 UST 5018.

For The Statute Concerning Diplomatic and Consular Missions of Foreign States on The Territory of The Union of Soviet Socialist Republics, published June 1, 1966, see 5 ILM 801 (1966). Under its Article 25, immunity for official activities “does not extend to claims for restitution of damages caused by a highway traffic accident.“

page 286 note 1 Supra at p. 279.

page 287 note 2 Dept. of State Press Release No. 13, Jan. 15, 1979.

On Feb. 15, 1979, The Taiwan authorities announced The establishment of a counterpart instrumentality to The American Institute in Taiwan, The Coordination Council for North American Affairs.

page 287 note 1 Supra at pp. 277-78.

page 288 note 2 The footnote to Legal Adviser Hansell's memorandum reads: “Emphasis supplied throughout.“

page 293 note 1 For U.S. High Commissioner Law No. 46, see Allied kommandatura gazette, No. 71, at 1056 (1955); for amendment, by U.S. Sector Ordinance (unnumbered), Oct. 19, 1955, See id. No. 75, at 1083 (1955); for amendment, by U.S. Sector Ordinance No. 2, Feb. 9, 1957, see id. No. 83, at 1132 (1957).

page 293 note 2 The Rules of Criminal Procedure for The United States Court for Berlin, closely based upon The Federal Rules of Criminal Procedure, were given to counsel for The defendants.