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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  16 May 2017

Marian L. Nash*
Affiliation:
Office of the Legal Adviser, Department of State

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
Copyright
Copyright © American Society of International Law 1979

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References

1 22 UST 1641; TIAS 7192. Both Uganda and Israel are parties to this Convention. Under Article 9 of the Hague Convention, parties are required, in the event of unlawful seizure of an aircraft in flight, to “take all appropriate measures to restore control of the aircraft to its lawful commander … ,” to “facilitate the continuation of the journey of the passengers and crew as soon as practicable …” and to “without delay return the aircraft and its cargo to the persons lawfully entitled to possession.” Any party in whose territory a hijacker is found is required under Article 6 “upon being satisfied that the circumstances so warrant …” to “take him into custody or take other measures to ensure his presence … ,” and under Article 7 either to extradite or prosecute him. [Remaining footnotes in memorandum omitted.]

2 Dept. of State File No. P76 0101-2129.

1 Dept. of State File No. P78 0154-2042.

2 Dept. of State File No. F78 0185-0044. For Zenith Radio Corporation v. U.S., see 98 S.Ct. 2441.

1 TIAS No. 6900, 21 UST 1418, 1 UNTS 16, entered into force for the United States, subject to reservations, April 29, 1970.

2 Dept. of Justice Press Release, Feb. 5, 1978.

3 Hearing on H.R. 7819, Diplomatic Immunity Legislation, before the Senate Committee on Foreign Relations, 95th Cong., 2d Sess. 20-21 (1978).

4 S. Rep. NO. 95-958 at 3-4. See, further, the summary of the Department of State's circular note of January 18, 1978, to the Chiefs of Mission in Washington, 72 AJIL 632 (1978). For proposed regulations to implement the compulsory liability insurance requirement in section 6 of P.L. 95-393, issued by the Department of State on Nov. 23, 1978, see 43 Fed. Reg. 57159.

1 Dept. of State File No. P78 0130-0487. See, further, the 1976 DIGEST 264-67.

1 98 S. Ct. 584 (1978).

2 98 S. Ct. 584 at 588.

3 Dept. of Justice press release, Aug. 3, 1978. For the Report on H.R. 11942, see H.R. Rep. NO. 95-1197, 95th Cong., 2d Sess. (1978).

1 112 Can. Gaz., Extra No. 79, Pt. I (Sept. 15, 1978), at 1-3; Reprinted in id., No 38, Pt. I (Sept. 23, 1978), at 5772-74.

2 Dept. of State File No. P78 0160-2316.

1 Dep't State Bull. NO. 2018, Sept. 1978, at 5.

2 Ibid.

1 Dept. of State File No. P78 0154-2037. Footnotes in the Deputy Legal Adviser's letter are as follows:

a The Court has never overruled the home port doctrine announced in Hays with regard to all facets of interstate commerce. For example, the Court in Ott v. Mississippi Valley Barge Line Co., 366 U.S. 169 (1949), while upholding apportioned taxation of river barges, expressly did not reach the question of oceangoing interstate commerce. Id. at 173. See “Developments in the Law—Federal Limitations on State Taxation of Interstate Business,” 75 Harv. L. Rev. 978, 986- 87 (1962).

b Customs Convention on Containers, 1972, signed at Geneva on Dec. 5, 1972, Reprinted in [1973] Customs Convention on Containers, 1972, and International Convention for Safe Containers, Senate Doc. Exec. X, 93rd Cong. 1st Sess. 1. Instrument of ratification signed by the President on Oct. 8, 1976. Entry into force for the United States is pending deposit of the instrument of ratification.