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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:
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 3 , July 1978 , pp. 620 - 661
Copyright
Copyright © American Society of International Law 1978

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References

1 S. Exec. C, D, E, and F, 95th Cong., 2d Sess., III-IV (1978).

2 Id. at VI.

3 Id. at VI-VIII.

4 Id. at VIII-XI.

5 Id. at XI-XV.

6 Id. at XVII.

7 Id. at XIX-XXI.

1 Dept. of State File No. P 78 0038–0100.

2 In this note the Department stated its position that “all persons entitled to immunity should be adequately covered by liability insurance” and expressed its concern over the problem of parking and moving traffic violations by members of the diplomatic community. It also drew attention to Article 41 of the Vienna Convention on Diplomatic Relations (UN Doc. A/CONF.20/13, 55 AJIL 1075 (1961)) concerning the “duty,” under international law, of those enjoying diplomatic immunity “to respect the laws and regulations of the receiving state.” Dept. of State File No. P 77 0093–0350.

3 In this note the Department again addressed the question of adequate liability coverage for vehicles belonging to missions or mission members and noted the Resolution on Consideration of Civil Claims adopted by the Vienna Conference on Diplomatic Intercourse and Immunities on April 14, 1961. UN Doc. A/CONF.20/Add.l, 55 AJIL 1081 (1961). It further stated that the U.S. Government would “increasingly feel obliged to resort to requests to sending States for waivers of immunity, or in the alternative, to bringing about a just settlement of claims.” Dept. of State File No. P 76 0130–1591.

4 Dept. of State File No. P 78 0038–0106.

5 For the testimony of the Chief of the Foreign Litigation Section of the Civil Division of the Department of Justice on the same subject, see 72 AJIL 383 (1978).

1 Done at The Hague, Nov. 15, 1965, 20 UST 361, TIAS No. 6638, 658 UNTS 163, entered into force for the United States on Feb. 10, 1969.

2 Dept. of State File P78 0038–0109, 17 ILM 312 (1978). Ssee also Permanent Bureau of the Hague Conference, Report on the Work of the Special Commission on the Operation of the Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 21–25,1977. 17 ILM 319 (1978).

1 Done at Washington, D.C., Sept. 7, 1977. 77 Dept. State Bull. 496, S. Exec N, 95th Cong., 1st Sess., 16 ILM 1040 (1977), 72 AJIL 238 (1978).

2 Done at Washington, D.C., Sept. 7, 1977. 77 Dept. State Bull. 483, S. Exec N, 95th Cong., 1st Sess., 16 ILM 1021 (1977), 72 AJIL 225 (1978).

3 124 Cong. Rec. S 3857–58 (daily ed. Mar. 16, 1978).

4 124 Cong. Rec. S 3977 (daily ed. Mar. 17, 1978). For the “Statement of Understanding” referred to in the President's note, see 77 Dept. State Bull. 631 (1977),72 AJIL 138 (1978).

5 Id.

6 124 Cong. Rec. S 5755 (daily ed. Apr. 18, 1978).

7 Id. at S 5756.

8 Id. at S 5780.

9 Id. at S 5735.

10 Id. at S 5796–97.

11 Dept. of State File P78 0094–1557.

1 34 Stat. 2953, T.S. No. 455, 8 Bevans 924, entered into force Jan. 16, 1907.

2 Dept. of State File P78 0093–1953.

1 For the report, see 42 Fed. Reg. 62,050 (1977).

2 43 Fed Reg. 4,245 (1978).

The Presidential Determination was based upon a recommendation of the (interagency) Trade Policy Staff Committee, Doc. 78–5, Jan. 19, 1978, Dept. of State File P 78 0034–0627. See also Office of the Special Representative for Trade Negotiations, Press Release No. 261, Jan. 28, 1978.

1 Pub. L. No. 95–223, 91 Stat. 1625 (1977), 17 ILM 139 (1978).

2 78 Dept. State Bull. 22 (Feb. 1978) 22.

3 H. R. Rep. No. 95–459, 95th Cong., 1st Sess. 2 (1977) (footnotes omitted).

1 42 Fed. Reg. 62,914 (1977).

2 43 Fed. Reg. 3,361–62 (1978).

3 42 Fed. Reg. 62,914–16 (1977).

1 Dept. of State File P78 0044–155.

1 Dept of State File P78 0047–1830.

2 For the Treaty Relating to the Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, between the United States of America and the United Mexican States, signed February 3, 1944, and the Protocol signed November 14, 1944 (entered into force November 8, 1945), see 59 Stat. 1219, T.S. No. 994, 9 Bevans 1166. The quoted language appears in Article 3.

1 Pub. L. No. 95–242, 92 Stat. 120. For text, see Official Documents section, infra p. 712 and 17 ILM 397 (1978).

2 78 Dept. State Bull. (April 1978) 49.

3 Secretary of State Cyrus Vance to Senator Henry M. Jackson, Chairman, Senate Comm. on Energy and Natural Resources, Sept. 12, 1977. S. Rep. NO. 467, 95th Cong., 1st Sess. 41, 43 (1977).

4 Hearings on S. 897 before the Sub-comm.. on Energy Research and Development of the Senate Comm. on Energy and Natural Resources, 95th Cong., 1st Sess. 169–71 (1977).

For the text of the Final Communique of the Organizing Conference of the International Nuclear Fuel Cycle Evaluation, held at Washington, D.C., Oct. 19–21, 1977 (referred to in the testimony), see 77 Dept. State Bull. 661–64 (1977).

5 124 Cong. Rec. S 1064–65 (daily ed. Feb. 2, 1978).