¹ Madeleine K Albright, U.S. Efforts to Promote the Rule of Law, U.S. Dep’t S”. DISPATCH, NOV. 1998, at 6. ¹ SC Res. 687 (Apr. 3, 1993). For Iraq’s acceptance, see Identical Letters Dated 6 April 1991 from Iraq to the Secretary-General and the President of the Security Council, UN Doc. S/22456.

² SC Res. 699 (June 17, 1991).

³ For a summary of UNSCOM’s rights and duties, see Plan for the Implementation of Relevant Parts of Section C of Security Council Resolution 687 (1991), Report of the Secretary-General, UN Doc. S/22614.

⁴ Those interested in the activities of UNSCOM will wish to consult the periodic reports submitted by the Executive Chairman to the Secretary-General and transmitted by the Secretary-General to the Security Council. See, e.g., Note by the Secretary-General, UN Doc. S/1998/920 (1998). Activities of UNSCOM are also recorded on the Internet at <http://www.un.org/depts/unscom>.

⁵ See What the Inspectors Can’t Find and Why They Can’t Findlt, N.Y. Times, Dec. 20,1998, at WK5 (table compiled by a nongovernmental research group that tracks the spread of weapons of mass destruction). For an account of UNSCOM’s difficulties, largely based on interviews with an UNSCOM Chief Inspector, of U.S. nationality, who resigned in protest in August 1998, see Barton Gellman, A Futile Game of Hide and Seek, Wash. Post, Oct. 11, 1998, at Al; Barton Gellman, Arms Inspectors ‘Shake the Tree,’ Wash. Post, Oct. 12, 1998, at Al; see also Scott Ritter, Endgame: Solving the Iraq Problem — Once and for All (1999).

⁶ See Memorandum of Understanding between the United Nations and the Republic of Iraq (Feb. 23, 1998), attachment to Letter Dated 25 February 1998 from the Secretary-General Addressed to the President of the Security Council, UN Doc. S/1998/166, reprinted in 37ILM 501 (1998). The memorandum was endorsed by the Security Council. SC Res. 1154 (Mar. 2, 1998). For a discussion of the legality of the United States’ threat to use force in early 1998, see 92 AJIL 724 (1998).

⁷ See Letter Dated 5 August 1998 from the Chargé d’Affaires A.I. of the Permanent Mission of Iraq to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/718.

⁸ Letter Dated 12 August 1998 from the Executive Chairman of the Special Commission Addressed to the President of the Security Council, UN Doc. S/1998/767.

⁹ SC Res. 1194 (Sept. 9, 1998).

¹⁰ Barbara Crossette, Iraq Says It Won’t Let UN. Resume Spot Arms Checks, N.Y. Times, Sept. 29, 1998, at All.

¹¹ See Letter Dated 31 October 1998 from the Deputy Executive Chairman of the Special Commission Addressed to the President of the Security Council, UN Doc. S/1998/1023; Letter Dated 2 November 1998 from the Executive Chairman of the Special Commission Addressed to the President of the Security Council, UN Doc. S/1998/1032; Barbara Crossette, In New Challenge to the U.N., Iraq Halts Arms Monitoring, N.Y. Times, Nov. 1, 1998, §1, at 1;John M. Goshko & Howard Schneider, Iraq Halts All Work by U.N. Inspectors, Wash. Post, Nov. 1, 1998, at A1.

¹² Bradley Graham, Cohen Seeks Cooperation from Saudis, Wash. Post, Nov. 4, 1998, at A21; Steven Lee Myers, U.S. Moves Ahead with Preparations for Strikes on Iraq but Sets No Deadline, N.Y. Times, Nov. 6, 1998, at A8; Steven Lee Myers, U.S. Works to Win Allies’ Support for Using Force Against Iraq, N.Y. Times, Nov. 5, 1998, at A16; Howard Schneider, Cohen Bids for Allies in New Iraqi Impasse, Wash. Post, Nov. 5, 1998, at A56.

¹³ SC Res. 1205 (Nov. 5, 1998); see Barbara Crossette, U.N., Avoiding Talk of Force, Criticizes Iraq on Arms Team, N.Y. Times, Nov. 6, 1998, at A1.

¹⁴ UN Doc. S/PV.3939 (Nov. 5, 1998).

¹⁵ Statement on Iraq’s Noncompliance with United Nations Resolutions, 34 Weekly Comp. Pres. Doc. 2259 (Nov. 9, 1998).

¹⁶ Bradley Graham &John M. Goshko, More Forces Sent to Gulf as Clinton Warns Iraq, Wash. Post, Nov. 12, 1998, at A1; Howard Schneider, Baghdad Stiffens as U.S. Air Armada Assembles Nearby, Wash. Post, Nov. 13, 1998, at A1; U.S. Forces in the Gulf Region, Wash. Post, Nov. 12, 1998, at A29.

¹⁷ Barbara Crossette, As Tension Grows, Few Voices at UN. Speak Up for Iraq, N.Y. Times, Nov. 13, 1998, at Al.

¹⁸ Security Council Notes Agreement of Iraq to Rescind Earlier Decisions, Allow Resumption of UNSCOM and IAEA Activities, UN Press Release SC/6596-IK/258 (Nov. 15, 1998); Letter Dated 14 November 1998 from the Permanent Representative of Iraq to the United Nations Addressed to the Secretary-General, UN Doc. S/1998/1078; Letter Dated 14 November 1998 from the Permanent Representative of Iraq to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/1079.

¹⁹ Bradley Graham & Howard Schneider, U.S. Launches, Then Aborts Airstrikes After Iraq Relents on U.N. Inspections, Wash. Post, Nov. 15,1998, at A1; Philip Shenon & Steven Lee Myers, U.S. Says It Was Just Hours Away from Starting Attack Against Iraq, N.Y. Times, Nov. 15, 1998, at 1.

²⁰ Compare Barbara Crossette, Iraq Offers Steps to Avoid Attack; U.S. Rejects Plan, N.Y. Times, Nov. 15, 1998, at 1, with Steven Erlanger, Clinton Accepts Iraq’s Promise to Allow Weapons Inspections, N.Y. Times, Nov. 16, 1998, at A1.

²¹ Remarks on the Situation in Iraq and an Exchange with Reporters, 34 Weekly Comp. Pres. Doc. 2319 (Nov. 23, 1998).

²² William J. Broad & Judith Miller, Iraq Said to Hide Deadly Germ Agents, N.Y. Times, Dec. 17, 1998, at A15; Barbara Crossette, Iraq Again Hindering Inspections, UN. Told, N.Y. Times, Dec. 11,1998, at A6; Barbara Crossette, Iraq Ratchets Up its New Defiance Over Inspections, N.Y. Times, Nov. 23, 1998, at Al; John M. Goshko & Nora Boustany, U.N. Arms Inspectors Blocked at Iraqi Site, Wash. Post, Dec. 10, 1998, at A51.

²³ Letter Dated 15 December 1998 from the Secretary-General Addressed to the President of the Security Council, UN Doc. S/1998/1172 (transmitting UNSCOM and IAEA reports); Barton Gellman, Iraq Hasn’t Cooperated, Arms Inspector Reports, Wash. Post, Dec. 16, 1998, at Al. For Iraq’s views, see Letter Dated 15 December from the Secretary-General Addressed to the President of the Security Council, UN Doc. S/1998/ 1173 (1998) (transmitting letter from Iraq). UNSCOM withdrew its personnel from Iraq on December 16.

²⁴ Francis X. Clines & Steven Lee Myers, Impeachment Vote in House Delayed as Clinton Launches Iraq Air Strike, Citing Military Need to Move Swiftly, N.Y. Times, Dec. 17, 1998, at A1; Steven Lee Myers, U.S. and Britain End Raids on Iraq, Calling Mission a Success, N.Y. Times, Dec. 20, 1998, at 1.

²⁵ For a preliminary compilation of the types of sites targeted and an assessment of the damage inflicted (based on U.S. Department of Defense sources, BBC reports, and wire reports), see Four Nights of Airstnkes, Wash. Post, Dec. 20, 1998, at A48.

²⁶ Dana Priest, U.S. Commander Unsure of How Long Iraq Will Need to Rebuild, Wash. Post, Dec. 22, 1998, at A31.

²⁷ Address to the Nation Announcing Military Strikes on Iraq, 34 Weekly Comp. Pres. Doc. 2494, 2494–96 (Dec. 21, 1998) [hereinafter Address].

²⁸ Barton Gellman & Vernon Loeb, A Major Aim: Kill Saddam’s ‘Palace Guard,’ Wash. Post, Dec. 19, 1998, at Al.

²⁹ Address, supra note 27, at 2496.

³⁰ Eric Schmitt, G.O.P. Splits Bitterly Over Timing of Assault, N.Y. Times, Dec. 17, 1998, at A1.

³¹ Howard Schneider, As Key Sites Lie in Ruins, a Durable Saddam Declares ‘Victory’, Wash. Post, Dec. 21, 1998, at A1.

³² Priest, supra note 26.

³³ Steven Lee Myers, Iraq Damage More Severe Than Reported, Pentagon Says, N.Y. Times, Jan. 9, 1999, at A3.

³⁴ Peter Finn, End of Raids Spurs Conflicting Arab Reactions, Wash. Post, Dec. 21, 1998, at A24; Douglas Jehl, U.S. Fighters in Saudi Arabia Grounded, N.Y. Times, Dec. 19, 1998, at A9; Douglas Jehl, Saudis Admit Restricting U.S. Warplanes in Iraq, N.Y. Times, Mar. 22, 1999, at A6.

³⁵ William Drozdiak, Nations Find Fault with Airstrikes, Wash. Post, Dec. 17, 1998, at A29; Steven Erlanger, U.S. Decision to Act Fast, and Then Search for Support, Angers Some Allies, N.Y. Times, Dec. 17, 1998, at A14; Thomas W. Lippman & William Drozdiak, America’s Allies Give Support to Attack, Wash. Post, Dec. 18, 1998, at A55.

³⁶ Barton Gellman, Iraq Inspections, Embargo in Danger at UN. Council, Wash. Post, Dec. 22, 1998, at A25.

³⁷ UN Doc. S/PV.3955 (Dec. 16, 1998).

³⁸ Lee Hockstader, Arab States’ Reaction Is Restrained, Wash. Post, Dec. 18, 1998, at A55; Thomas W. Lippman, Arab Nations Are Quiet, but U.S. Claims Tacit Support, Wash. Post, Dec. 17, 1998, at A30.

³⁹ Daniel Williams, Protests, Violence Flare in Arab World, Wash. Post, Dec. 20, 1998, at A45.

⁴⁰ Iraq Turns Its Wrath on Arab League, Wash. Post, Jan. 1, 1999, at A28.

⁴¹ Douglas Jehl, Iraqi’s Angry Call for Revolt Splits the Arab Nations, N.Y. Times, Jan. 6, 1999, at Al; Howard Schneider, Saddam, Iraq Further Isolated as Arab States Step Up Criticism, Wash. Post, Jan. 7, 1999, at A20.

⁴² Douglas Jehl, As Arab League Urges Iraqis to Obey the U.N., They Walk Out of the Meeting, N.Y. Times, Jan. 25, 1999, at A10.

⁴³ Address to the Nation on Completion of Military Strikes in Iraq, 34 Weekly Comp. Pres. Doc. 2516, 2516–18 (Dec. 28, 1998). Damage assessments were principally derived from U.S. aerial or satellite imagery, augmented by information obtained largely from Iraqi opposition groups operating in Iraq. See Vernon Loeb, U.S. Officials Cite Iraqi Opposition Reports to Show Weakened Saddam, Wash. Post, Jan. 18, 1999, at A6; Steven Lee Myers, Iraq Damage More Severe Than Reported, Pentagon Says, N.Y. Times, Jan. 9, 1999, at A3.

⁴⁴ Thomas W. Lippman, Two Options for Iraq in U.S. Policy, Wash. Post, Dec. 24, 1998, at A14.

⁴⁵ Barton Gellman, U.S. Planes Hit Iraqi Site After Missile Attack, Wash. Post, Dec. 29, 1998, at Al; Steven Lee Myers, F-16’s Attack Iraqis After Missiles Are Fired at Allied Jets, N.Y. Times, Dec. 31, 1998, at A3.

⁴⁶ Iraqi Ruler Says No-Flight Zones Are Illegal, N.Y. Times, Jan. 4, 1999, at A4; see also Letter Dated 13 February 1999 from the Permanent Representative of Iraq to the United Nations addressed to the Secretary-General, UN Doc. S/1999/153.

⁴⁷ Iraq threatened retaliation against Kuwait, Saudi Arabia, and Turkey. Howard Schneider, Iraq Threatens Broader Attacks, Wash. Post, Feb. 16, 1999, at A11; see also Stephen Kinzer, Turkey Reassures U.S. on Air Base, N.Y. Times, Feb. 13, 1999, at A5.

⁴⁸ Steven Lee Myers, U.S. Presses Air Attacks on Iraq In a Low-Level War of Attrition, N.Y. Times, Feb. 3, 1999, at A1. In one U.S. attack on Iraqi air defenses, errant missile(s) apparently landed in residential areas, killing several Iraqi civilians. Bradley Graham, Strikes Hit Civilians, Iraq Says, Wash. Post, Jan. 26, 1999, at A1.

⁴⁹ Tim Weiner, U.S. Spied On Iraq Under U.N. Cover, Officials Now Say, N.Y. Times, Jan. 7, 1999, at A1.

⁵⁰ Tim Weiner, U.S. Used U.N. Team to Place Spy Device in Iraq, Aides Say, N.Y. Times, Jan. 8, 1999, at A1. For claims that U.S. intelligence collection was associated with UNSCOM from early in UNSCOM’s existence, see Barton Gellman, U.S. Spied on Iraqi Military Via U.N., Wash. Post, Mar. 2, 1999, at A1; Philip Shenon, C.I.A. Was With U.N. in Iraq For Years, Ex-Inspector Says, N.Y. Times, Feb. 23, 1999, at A1.

⁵¹ John M. Goshko, U.N. Inspector Again Denies Spying Charge, Wash. Post, Jan. 9, 1999, at A14.

⁵² See, e.g., John M. Goshko, Russia Presents Plan to End Iraqi Oil Embargo, Replace UNSCOM, Wash. Post, Jan. 16, 1999, at A9.

⁵³ Note by the President of the Security Council, UN Doc. S/1999/100; Reuters, U.N. to Review Policy on Iraq, Wash. Post, Jan. 31, 1999, at A26. Iraq protested the Security Council’s decision. Reuters, Iraq Blasts U.N. Decision to Review Their Relations, Wash. Post, Feb. 1, 1999, at A15.

⁵⁴ Letters Dated 27 and 30 March 1999, Respectively, from the Chairman of the Panels Established Pursuant to the Note by the President of the Security Council of 30 January 1999 (S/1999/100) Addressed to the President of the Security Council, UN Doc. S/1999/356; see John M. Goshko, U.N. Makes Little Headway on Iraq Issues, Wash. Post, Apr. 8, 1999, at A14. Iraq rejected the panels’ recommendations. Judith Miller, Iraq Rejects Panels’ Efforts to end Impasse on Security Council, N.Y. Times, Apr 9, 1999, at A3.

⁵⁵ Iraq Liberation Act of 1998, Pub. L. No. 105–338, §5(c), 112 Stat. 3178, 3180 (1998); sec. 590 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1999, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105–277, 112 Stat. 2681 (1998).

⁵⁶ Vernon Loeb, Anti-Saddam Groups Named for U.S. Aid, Wash. Post, Jan. 16, 1999, at A8.

¹ Exec. Order No. 13,107, 63 Fed. Reg. 68,991 (1998), 38 ILM 493 (1999).

¹ Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1998, Pub. L. No. 105–118, §570, 111 Stat. 2386, 2429 (1997).

² Dana Priest, New tinman Rights Law Triggers Policy Debate, Wash. Post, Dec. 31, 1998, at A34.

¹ Pub. L. No. 105–292, 112 Stat. 2787 (1998).

² See Eric Schmitt, Bill to Punish Nations Limiting Religious Beliefs Passes Senate, N.Y. Times, Oct. 10, 1998, at A3.

³ S. 1868: The International Religious Freedom Act of 1998: Hearings Before the Senate Comm. on Foreign Relations, 105th Cong. 87 (May 12 & June 17, 1998) (statement of John Shattuck, Assistant Secretary of State for Democracy, Human Rights, and Labor).

⁴ Id. at 92.

⁵ See Schmitt, supra note 2.

⁶ Statement by the President on Religious Freedom Act of 1998, 34 Weekly Comp. Pres. Doc. 2149 (Oct. 27, 1998).

¹ Illegal Immigration Reform and Immigrant Responsibility Act, §110, 8 U.S.C.A. §1221 note (West Supp. 1998). Once the system was established, the law required an annual report to Congress containing information on the arrival and departure of aliens.

² Impact of Entry-Exit System on U.S. Border: Hearings on S. 1360 Before the Subcomm. on Immigration of the Senate Comm. on the Judiciary, 105th Cong. 4, 5 (1997) (statement of Senator Spencer Abraham), available in 1997 WL 14152948.

³ S. 1360, 105th Cong. (1997), available in LEXIS, Legis Library, BL Text File.

⁴ Section 116 of the Department of Justice Appropriations Act of 1999, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105–277, 112 Stat. 2681 (1998).

¹ Tampere Convention on the Provision of Telecommunication Resources for Disaster Mitigation and Relief Operations, opened for signature June 18, 1998 <http://www.itu.int/newsarchive/projects/ICET/tampereconvention.html>.

² See <http://www.state.gov/www/issues/relief/tperel.html>.

¹ For the United States’ refusal to sign the Rome statute, see 93 AJIL 186 (1999).

² Note L98–1105 (ICC#L4667) from the Chargé d’Affaires ad interim of the United States of America to the Secretary-General (Nov. 5, 1998) (on file at GWU).

¹ Ruben Castaneda, Georgia to Send Home Diplomat Involved in Car Crash, Wash. Post, Jan. 10, 1997, at A17.

² U.S. Dep’t of State, Diplomatic Note to the Embassy of the Republic of Georgia (Feb. 11, 1997) (on file at GWU).

³ Embassy of the Republic of Georgia, Diplomatic Note to the U.S. Department of State (Feb. 14, 1997) (on file at GWU); see also Scott Bowles, Diplomat’s Immunity is Waived; Georgian Can Face Charges in Fatal Crash, Wash. Post, Feb. 16, 1997, at A1.

⁴ Nicholas Burns, U.S. Dep’t of State Daily Press Briefing at 3, 7 (Jan. 10, 1997) <http://secretary.state.gov/www/briefings/9701/970110.html>.

⁵ United States v. Makharadze, No. F-1446-97 (D.C. Super. Ct. filed Feb. 20, 1997); see also Bill Miller, Diplomat Surrenders in Deadly D.C. Crash, Wash. Post, Feb. 21, 1997, at A1.

⁶ Bill Miller, Diplomat Sentenced in Teen’s Death; Georgian Gets 7 to 21 Years for Drunk-Driving Crash in D.C., Wash. Post, Dec. 20, 1997, at A1.

⁷ Amended Complaint, Knab v. Republic of Georgia, No. 97-CV-03118 (TFH) (D.D.C. filed Dec. 31, 1997) [hereinafter Complaint]; see also Bill Miller, Crash Victim’s Mother Seeks Damages From Georgian Diplomat, Others, Wash. Post, Jan. 1, 1998, at D4. The suit sought $15 million in compensatory damages, plus unspecified punitive damages and costs.

⁸ Complaint, supra note 7, paras. 9, 59–60.

⁹ Letter of Linda Jacobson, Assistant Legal Adviser for Diplomatic Law and Litigation, U.S. Dep’t of State, to Mark S. Zaid (Feb. 6, 1998) (on file at GWU).

¹⁰ Knab v. Republic of Georgia, No. 97-CV-03118 (TFH), 1998 U.S. Dist. LEXIS 8820 (D.D.C. May 29, 1998) (mem.).

¹¹ Bill Miller, Family Settles Suit Over Fatal Crash Caused by Drunken Diplomat, Wash. Post, Oct. 15, 1998, at A5.

¹ Tim Weiner, Washington Expels 3 Cuban Diplomats at U.N., Accusing Them of Spying, N.Y. Times, Dec. 24, 1998, at A10.

¹ Walter Pincus, Bounties Offered for Bosnian War Crimes Suspects, Wash. Post, Dec. 5,1998, at A19. The program applies to all ICTY indictees (for a current list of those indictees, see <http://www.un.org/icty/bl.html>). The program does not apply as yet to indictees of the International Criminal Tribunal for Rwanda or to other alleged war criminals, such as high-ranking members of the Khmer Rouge.

² Such rewards are provided under §36 of the State Department Basic Authorities Act of 1956, 22 U.S.C. §2708, most recently amended by §2202 of the Foreign Affairs Reform and Restructuring Act of 1998, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105–277, 112 Stat. 2681 (1998), and Pub. L. No. 105–323, 112 Stat. 3029 (1998) (providing rewards for information leading to the arrest or conviction of any individual for the commission of an act, or conspiracy to commit an act, of international terrorism, for narcotics-related offenses, or for serious violations of international humanitarian law relating to the former Yugoslavia).

¹ Statement by the Prosecutor Regarding the Detention of Radislav Krstic, ICTY Press Release No. JL/PIU/368-E (Dec. 2, 1998); Steven Erlanger, Bosnian Serb General Is Arrested by Allied Force in Genocide Case, N.Y. Times, Dec. 3, 1998, at A1.

¹ Alan Cowell, Arrest Raises New Issues on Tracking Rights Crimes, N.Y. Times, Oct. 19, 1998, at A8 (quoting the spokesman of the Department of State). The assertion of jurisdiction was subsequently confirmed by an 11-member panel of senior Spanish judges, based, inter alia, on the Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, 78 UNTS 277, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, opened for signature Dec. 10, 1984, 1465 UNTS 85. Marlise Simons, Judges in Spain Assert Pinochet Can Face Trial, N.Y. Times, Oct. 31, 1998, at A1. Judge Garzón issued a formal indictment against General Pinochet on December 10, 1998, charging that he led a criminal organization to kill or cause the disappearance of some 3,000 opponents of his regime. A1 Goodman, Judge Describes Pinochet Case in Full Detail, N.Y. Times, Dec. 11, 1998, at A15.

² See 38 ILM 58 (1999); Warren Hoge, English Court Rules Pinochet Should be Free, N.Y. Times, Oct. 29, 1998, at A1; T. R. Reid, Pinochet’s Detention is Ruled Illegal, Wash. Post, Oct. 29, 1998, at A1.

³ 37 ILM 1302 (1999); Warren Hoge, British Court Rules Against Pinochet; Now Cabinet Must Weigh Extradition, N.Y. Times, Nov. 26, 1998, at A1; T. R. Reid, Britain Denies Pinochet Immunity, Wash. Post, Nov. 26, 1998, at A1.

⁴ 38 ILM 489 (1999); Warren Hoge, Briton Won’t Free Pinochet, Ruling the Case Can Proceed, N.Y. Times, Dec. 10, 1998, at A3; T. R. Reid, Britain Says Extradition of Pinochet Can Proceed, Wash. Post, Dec. 10, 1998, at A1.

⁵ 38 ILM 430 (1999); Warren Hoge, Pinochet Wins a Round as the Law Lords Void a Ruling, N.Y. Times, Dec. 18, 1998, at A3.

⁶ See Warren Hoge, Pinochet Arrest Upheld, but Most Charges Are Discarded, N.Y. Times, Mar. 25, 1999, at A6; T. R. Reid, Pinochet’s Arrest Upheld; Most Charges Thrown Out, Wash. Post, Mar. 25, 1999, at A1. The UK Criminal Justice Act of 1988 incorporated into UK law obligations imposed by the 1984 Convention against Torture, supra note 1, which the United Kingdom joined in 1988.

⁷ Warren Hoge, Pinochet Faces 33 New Counts in Extradition, N.Y. Times, Mar. 28, 1999, at 6.

⁸ William Branigin, U.S. Urged to Pursue Pinochet on Bombing, Wash. Post, Nov. 26, 1998, at A61; see also William Branigin, “Absent Without heave on the Pinochet Case, “Wash. Post, Dec. 8, 1998, at A23.

⁹ Marlise Simons, Spanish Judge is Hoping to See Secret Files in U.S., N.Y. Times, Nov. 27, 1998, at A14.

¹⁰ Treaty on Mutual Legal Assistance in Criminal Matters between the United States of America and the Kingdom of Spain, Nov. 20, 1990, U.S.-Spain, S. Treaty Doc. No. 102–21 (1992).

¹¹ James P. Rubin, U.S. Dep’t of State Press Briefing at 14 (Dec. 1, 1998) <http://secretary.state.gov/www/briefings/9812/981201db.html> Tim Weiner, U.S. Will Release Files on Crimes Under Pinochet, N.Y. Times, Dec. 2, 1998, at A1.

¹ 37 ILM 1 (1998).

² Letter to Congress on Bribery of Foreign Public Officials, May 5, 1998, Daily Presidential Statements, available in 1998 WL 216072 (White House).

³ Senate Passes Proxmire-Inspired Treaty, FDCH Govt. Press Release, July 31,1998, availablein 1998 WL 7326334.

⁴ Congress Passes Bill to Curb International Business Bribery, N.Y. Times, Oct. 22, 1998, at A5. In the preceding two weeks, the Senate and House had continuously passed versions of the bill with amendments objectionable to the other side; in the end, the version passed did include a controversial section introduced by Congressmen Thomas Bliley and Mike Oxley, which states that international organizations providing commercial communications services shall not be accorded legal immunity for action taken in connection with their capacity as a provider of telecommunications services to, from, or within the United States. For discussion of this section in the Senate, see 144 Cong. Rec. S12973 (daily ed. Oct. 21, 1998).

⁵ International Anti-Bribery and Fair Competition Act of 1998, Pub. L. No. 105–366, 112 Stat. 3302 (1998); see Memorandum by the President on Delegation of Authority Under the International Anti-Bribery and Fair Competition Act of 1998, 34 Weekly Comp. Pres. Doc. 2323 (Nov. 16, 1998).

¹ Address Before a Joint Session of the Congress on the State of the Union, 35 Weekly Comp. Pres. Doc. 78, 83–84 (Jan. 19, 1999).

² Mark Felsenthal & Chad Bowman, Clinton Calls for New Global Trade Round Including Intellectual Property, Procurement, 16 Int’l Trade Rep. (BNA) 72 (1999).

¹ Greenhouse gases include carbon dioxide, methane, nitrous oxide, and gases from synthetic substitutes for ozone-depleting chlorofluorocarbons. Most emissions are caused by the burning of coal, oil, wood, and natural gas. By creating an atmospheric screen comparable to tinted glass in a greenhouse, these emissions are widely believed to create the conditions for global warming. According to the World Meteorological Organization, seven of the ten warmest years on record have occurred since 1990 and the other three occurred after 1983. William K. Stevens, Earth Temperature in 1998 Is Reported at Record High, N.Y. Times, Dec. 18, 1998, at A26.

² Conference of the Parties to the Framework Convention on Climate Change: Kyoto Protocol, Dec. 10,1997, 37 ILM 22 (1998).

³ United Nations Framework Convention on Climate Change, May 9, 1992, 31 ILM 849 (1992).

⁴ For a discussion of the Kyoto Protocol, see 92 AJIL 315 (1998). The United States reduction would be 7%.

⁵ Joby Warrick, As Glaciers Melt, Talks on Warming Face Chill, Wash. Post, Nov. 2, 1998, at A1.

⁶ Stuart Eizenstat, Under Secretary of State for Economic, Business, and Agricultural Affairs, Remarks at the UNFCCC Fourth Conference of the Parties (Nov. 12, 1998) <http://www.state.gov/www/policy_remarks/1998/981112_eizen_climate.html>.

⁷ William K. Stevens, Deadline Set to Farm Rules for Reducing Gas Emissions, N.Y. Times, Nov. 15, 1998, §1, at 11; Joby Warrick, 160 Nations Endorse Pact on Global Warming Compliance, Wash. Post, Nov. 15, 1998, at A6.

¹ Report of the Appellate Body, United States-Import Prohibition of Certain Shrimp and Shrimp Products (AB-1998-4), WTO Doc. No. WT/DS58/AB/R (Oct. 12, 1998) [hereinafter WTO Panel Report]. The U.S. import restrictions are contained in §609 of Pub. L. No. 101-162, 103 Stat. 988 (1989).

² General Agreement on Tariffs and Trade, Oct. 30, 1947, TIAS No. 1700, 55 UNTS 187.

³ Id., Art. XX(b) & (g).

⁴ WTO Panel Report, supra note 1, para. 187(c). Article XX of the GATT requires that the environmental and conservation measures be nondiscriminatory and nonarbitrary. Prior decisions by GATT panels concerning environmental and conservation measures have repeatedly criticized governments for using such measures to deprive foreigners of their international rights. See Ved P. Nanda, International Environmental Law & Policy 45–59 (1995).

⁵ WTO Panel Report, supra note 1, para. 165.

⁶ Id., para. 168.

⁷ WTO Appellate Body Finds U.S. Sea Turtle Law Meets WTO Criteria But Faults U.S. Implementation, USTR Press Release No. 98–92 (Oct. 12, 1998).

¹ UN Convention on the Law of the Sea, adopled Dec. 10, 1982, S. Treaty Doc. No. 103–39 (1994), reprinted in 21 ILM 1261 (1982).

² UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, Aug. 4, 1995, 34 ILM 1542 (1995).

³ See, e.g., Fisheries Jurisdiction (Spain v. Can.), Jurisdiction (Int’l Ct. Just. Dec. 4, 1998) <http://www.icj-cij.org> (dismissing on jurisdictional grounds Spain’s application against Canada for seizing a Sp anish fishing vessel on the high seas).

⁴ Mary Beth West, New International Initiatives to Restore and Sustain Fisheries (Sept. 15, 1998) (on file at GWU).

¹ Agreement on Reparation from Germany, on the Establishment of an Inter-Allied Reparation Agency and on the Restitution of Monetary Gold, Jan. 14, 1946, 61 Stat. 3157, 555 UNTS 69.

² Special Notice: Dissolution of the Tripartite Gold Commission, U.S. Dep’t St. Dispatch, Oct. 1998, at 24 (footnote omitted).

¹ Diana Jean Schemo, Peru and Ecuador Agree to Put Border Dispute in Outsiders’ Hands, N.Y. Times, Oct. 18,1998, §1, at 6.

² Treaty of Trade and Navigation, Oct. 26, 1998, Peru-Ecuador, 38 ILM 266 (1999); Anthony Faiola, Peru, Ecuador Sign Pact Ending Border Dispute, Wash. Post, Oct. 27, 1998, at A20; Peru and Ecuador Sign Treaty to End Longstanding Conflict, N.Y. Times, Oct. 27, 1998, at A3.

³ Madeleine K. Albright, Op Ed on “Peru and Ecuador” (Oct. 31, 1998) <http://secretary.state.gov/www/statements/1998/981031.html>.

¹ July, 1, 1968, 21 UST 483, 729 UNTS 161.

² Opened for signature Sept. 10, 1996, GA Res. 50/245 (1996).

³ For India’s position on its right to conduct such tests, see Jaswant Singh, Against Nuclear Apartheid, Foreign Aft., Sept–Oct. 1998, at 41.

⁴ In accordance with the Arms Export Control Act, §102(b), 22 U.S.C. §2799aa-l(b) (1994), President Clinton reported to Congress on May 13 (with regard to India) and May 30 (with regard to Pakistan) his determinations that those non-nuclear weapons states had each detonated a nuclear explosive. The President directed that the relevant agencies and instrumentalities of the United States impose the sanctions described in section 102(b)(2) of the Act. The detonations also triggered sanctions against both nations under the Export-Import Bank Act of 1945, §2(b)(4), as amended, 12 U.S.C.A. §635(b)(4) (West Supp. 1998).

⁵ India-Pakistan Relief Act of 1998, §902, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105–277, 112 Stat. 2681 (1998).

⁶ Steven Erlanger, U.S. to Lift Some Sanctions against India and Pakistan, N.Y. Times, Nov. 7,1998, at A4; Thomas W. Lippman, U.S. Lifts Sanctions on India, Pakistan, Wash. Post, Nov. 7, 1998, at A14; Richard W. Stevenson, I.M.F. Agrees to Resume Pakistan Aid, Cut Off After Atom Tests, N.Y. Times, Nov. 26, 1998, at A17.

⁷ Strobe Talbott, U.S. Diplomacy in South Asia: A Progress Report, Dep’t St. Dispatch, Dec. 1998, at 16.

⁸ Barry Bearak, India Promises, With Pakistan, to Seek Peace, N.Y. Times, Feb. 22, 1999, at A1.

⁹ Such exports were prohibited under U.S. foreign assistance legislation once the President could no longer certify to Congress that Pakistan did not possess a nuclear explosive device. Section 620E(e) of the Foreign Assistance Act of 1961, 22 U.S.C. §2375 (1998).

¹⁰ The central element of the settlement agreement was the payment of approximately $324 million from the “Judgment Fund,” an open-ended appropriation of funds available to pay final judgments, awards and compromise settlements under certain circumstances. 31 U.S.C. §1304(a); 28 U.S.C. §2414 (1994).