1 For previous remarks by Bellinger addressing U.S. views on international law, see John, R. Crook, Contemporary Practice of the United States, 99 AJIL 891 (2005)Google Scholar & 101 AJIL 195 (2007).

2 Nora, Boustany, Official Floats Possibility of Assistance to Hague Court, Wash. Post, June 12, 2007, at A20.Google Scholar

3 [Editor’s Note: See section below: United States Leads in Urging UN Tribunal for Hariri Assassination.]

4 [Editor’s Note: See John, R. Crook, Contemporary Practice of the United States, 99 AJIL 691 (2005)Google Scholar.]

5 [Editor’s Note: See John, R. Crook,Contemporary Practice of the United States, 101 AJIL 480 (2007).Google Scholar]

6 [Editor’s Note: The Supreme Court rejected the position urged by the government. See section below: U.S. Supreme Court Finds No Immunity in Tax Lien Case Against India.]

7 John, B. Bellinger III, The United States and International Law (June 6, 2007), at <http://www.state.gov/s/l/rls/86123.htm=.Google Scholar

1 John, Bellinger & William, Haynes, U.S. Initial Reactions to ICRC Study on Customary International Law (Nov. 3, 2006) (footnotes omitted), at <http://www.state.gov/s/l/rls/82630.htm=Google Scholar.

1 9 Arrested in Plan to Oust Laos Government, N.Y. Times, June 5, 2007, at A15 Google Scholar; Monica, Davey, Leader’s Arrest Uncovers Divide in Hmong–Americans, N.Y. Times, June 14, 2007, at A16.Google Scholar

2 United States v. Jack, No. 207–MJ–0178 (E.D. Cal. filed June 4, 2007), at <http://www.usdoj.gov/usao/cae/press_releases/docs/2007/06–04–07JackComplaint.pdf= .

3 Interagency Press Release, “Operation Tarnished Eagle” Thwarts Plot to Overthrow the Government of Laos (June 4, 2007), at <http://www.usdoj.gov/usao/cae/press_releases/docs/2007/06–04–07JackPressRls.pdf=.Google Scholar

1 Permanent Mission of India v. City of New York, No. 06–134 (S.Ct. June 14, 2007), at <http://www.scotusblog.com/movabletype/archives/06–134_All.pdf=; see Linda, Greenhouse, New York Challenges2 U.N. Missions in U.S. Supreme Court, N.Y. Times, Apr. 25, 2007, at A28 Google Scholar; Linda, Greenhouse, Court Ruling Supports City in Push to Tax U.N. Missions, N.Y. Times, June 15, 2007, at A21.Google Scholar

2 Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§1602–1611 (2000).

3 Slip op. at 3.

4 Id. at 5.

5 Id. at 4.

6 Id at 6–8.

7 Id. at 2 n.l.

8 Diss, op., Stevens, J., at 2–3.

1 In February, AES agreed to sell its 82 percent stake in Electricidad de Caracas to the Venezuelan government for less than half the amount spent to acquire it. Steven, Mufson, AES to Sell Utility Stake to Venezuela, Wash. Post, Feb. 9, 2007, at D1 Google Scholar. Verizon also reportedly sold its stake in CANTV at a price substantially below its stock market price prior to President Chávez’s announcement.

2 Simon, Romero, Chávez Rattles Takeover Saber at Steel Company and Banks, N.Y. Times, May 7, 2007, at K6.Google Scholar

3 Simon, Romero & Clifford, Krauss, High Stakes: Chávez Plays the Oil Card, N.Y. Times, Apr. 10, 2007, at A1 Google Scholar; Juan, Forero, Venezuela Set to Assume Control of Its Oil Fields, Wash. Post, May 1, 2007, at A12 Google Scholar; Simon, Romero, Chávez Takes Over Foreign–Controlled Oil Projects in Venezuela, N.Y. Times, May 2, 2007, at A3.Google Scholar

4 Simon, Romero & Clifford, Krauss, 2 Oil Firms Are Defiant in Venezuela, N.Y. Times, June 27, 2007, at C1 Google Scholar; Steven, Mufson, Conoco, Exxon Exit Venezuela Oil Deals, Wash. Post, June 27, 2007, at D1 Google Scholar.

5 Venezuela’s Chavez Says U. S. Ambassador Could Be Expelled If He Keeps ‘Meddling,’ USA Today, Jan. 21, 2007, at <http://www.usatoday.com/news/world/2007–01–25–Chavez_x.htm?POE=NEWISVA=.Google Scholar

6 Simon, Romero, Chávez Moves to Nationalize Two Industries, N.Y. Times, Jan. 9, 2007, at A3Google Scholar; Simon, Romero & Clifford, Krauss, Venezuelan Plan Shakes Investors, N.Y. Times, Jan. 10, 2007, at A1 Google Scholar; Venezuela Inc.’s Hostile Takeover, Editorial, N.Y. Times, Jan. 10, 2007, at A22 Google Scholar; Juan, Forero, Chávez i Economic Plans Set Latin Markets Reeling, Wash. Post, Jan. 10, 2007, at A7.Google Scholar

7 U.S. Dep’t of State Daily Press Briefing, Mar. 26, 2007, at <http://www.state.gov/r/pa/prs/dpb/2007/mar/82230.htm=.

8 U.S. Dep’t of State Daily Press Briefing, June 26, 2007, at <http://www.state.gov/r/pa/prs/dpb/2007/jun/87353.htm=.

9 Deputy Secretary of State John, D. Negroponte, Remarks at 37th Annual Washington Conference on the Americas (May 2, 2007), at <http://www.state.gov/s/d/2007/84l88.htm=Google Scholar.

1 Warren, Hoge, UN Approves Special Court to Prosecute Hariri Killing, N.Y. Times, May 31, 2007, at A3.Google Scholar

2 Colum, Lynch, U.S. Aims to Establish International Tribunal in Hariri Assassination, Wash. Post, May 16, 2007, at A10 Google Scholar; Hoge, supra note 1; Colum, Lynch & Ellen, Knickmeyer, U.N. Council Backs Tribunal for Lebanon, Wash. Post, May 31, 2007, at A1 Google Scholar.

3 SC Res. 1757 (May 30, 2007).

1 Report of the Redesign Panel on the United Nations System of Administration of Justice, UN Doc. A/61/205 (July 28, 2006).

2 Report of the Redesign Panel on the United Nations System of Administration of Justice, Note by the Secretary–General, UN Doc. A/61/758 (Feb. 23, 2007).

3 Bruce Rashkow, Statement to the Fifth Committee, USUN Press Release No. 063(07) (Mar. 22, 2007), at <http://www.usunnewyork.usmission.gov/press_releases/20070322_063.html=.

1 On previous administration efforts regarding the Convention, see John, R. Crook, Contemporary Practice of the United States, 99 AJIL 498 (2005)Google Scholar.

2 President’s Statement on Advancing U.S. Interests in the World’s Oceans (May 15, 2007), at <http://www.whitehouse.gov/news/releases/2007/05/20070515–2.html=.

3 Letter from the Joint Chiefs of Staff to Senator Joseph Biden, Chairman of the Senate Foreign Relations Committee, June 26, 2007, at <http://www.oceanIaw.org/downloads/JCSonLOS.pdf=.

4 Letter from George P. Shultz to Senator Richard Lugar, June 28, 2007, at <http://www.oceanlaw.org/index.php?name=News&catid=&topic=5=.

1 Pub. L. No. 109–479, 120 Stat. 3575 (Jan. 12, 2007); see The Oceans Resurface, Editorial, N.Y. Times, Apr. 14, 2006, at A22 Google Scholar; Juliet, Eilperin, House Approves Overhaul of Rules for Fisheries, Wash. Post, Dec. 10, 2006, at A8.Google Scholar

2 Senator Ted Stevens Press Release, Senator Stevens Signs Magnuson–Stevens Reauthorization Bill (Jan. 3, 2007), a£<http://stevens.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases=.

1 Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, Sept. 5, 2000, at <http://www.intfish.net/treaties/westpac.htm=.

2 U.S. Dep’t of State Media Note No. 2007/528, U.S. Joins Western and Central Pacific Fisheries Convention (June 28, 2007), at <http://www.state.gov/r/pa/prs/ps/2007/jun/87537.htm=.Google Scholar

3 Arrangement for the Participation of Fishing Entities, Sept. 5, 2000, at <http://www.intfish.net/orgs/docs/wcpfc–arr.pdf=.

1 Air Transport Agreement, U.S.-EC, Apr. 25 & 30, 2007, 46 ILM 470 (2007); see Charles, A. Hunnicutt, Introductory Note on US–EU Open Skies Agreement, id. at 467.Google Scholar

2 John, R. Crook, Contemporary Practice of the United States, 100 AJIL 230 (2006)Google Scholar.

3 Vote May Stall Aviation Treaty, Wash. Post, June 15, 2006, at D2 Google Scholar; The Sky’s the Limit, Editorial, Wash. Post, June 15, 2006, at A26 Google ScholarPubMed; Don, Phillips & Nicola, Clark, Rules Delayed on Foreign Control of Airlines, N.Y. Times, Aug. 17, 2006, at C4 Google Scholar; Don, Phillips, U. S. Withdraws Plan on Foreign Investment in Airlines, Disrupting Open–Skies Treaty, N.Y. Times, Dec. 6, 2006, at C7 Google Scholar; Christopher, S. Rugaber, Europe, U.S. Tentatively Reach Air Traffic Accord, Wash. Post, Mar. 3, 2007, at C1.Google Scholar

4 Nicola, Clark, U.S. & Europe in Accord on Air Routes, N.Y. Times, Mar. 3, 2007, at B3 Google Scholar; John Ward, Anderson, E. U., U.S. Agree to Ease Barriers to Flights, Wash. Post, Mar. 23, 2007, at D1.Google Scholar

5 U.S. Dep’t of State Fact Sheet No. 2007/340, U.S.–EU Air Transport Agreement (Apr. 30, 2007), at <http://www.state.gov/r/pa/prs/ps/2007/apr/83982.htm=.

* [Editor’s Note: This item was prepared by Steve Charnovitz of the Board of Editors and Adrian Fontecilla of the George Washington University Law School, to whom the Editor extends his appreciation.]

1 See Amendment of the TRIPS Agreement, WTO Doc. WT/L/641 (Dec. 8, 2005); Members OK Amendment to Make Health Flexibility Permanent, WTO Doc. PRESS/426 (Dec. 6, 2005). See generally Agreement on Trade– Related Aspects of Intellectual Property Rights [hereinafter TRIPS Agreement], Marrakesh Agreement Establishing the World Trade Organization [hereinafter W T O Agreement], Annex 1C, Apr. 15, 1994, in World Trade Organization, The Results of the Uruguay Round of Multilateral Trade Negotiations: The Legal Texts 3, 321 (1999)Google Scholar, reprinted in 33 ILM 13, 81 (1994).

2 See Protocol Amending the TRIPS Agreement—Status of Acceptances, WTO Doc. IP/C/W/490 (Apr. 4, 2007).

3 See WTO Agreement, supra note 1, Art. X:3.

4 See Members OK Amendment to Make Health Flexibility Permanent, supra note 1.

5 WTO Agreement, supra note 1, Art. X:3. However, Article X:3 is silent on how “acceptance” is to be achieved domestically by each member.

6 TRIPS Agreement, supra note 1, Art. 31(f).

7 The concern was that WTO members having little or no manufacturing capacities in the pharmaceutical sector could face difficulties in making effective use of compulsory licensing under TRIPS.

8 See Declaration on the TRIPS Agreement and Public Health (Nov. 14, 2001), WTO Doc. WT/MIN(01)/DEC/2 (Nov. 20, 2001).

9 See Implementation of Paragraph 6 of the Doha Declaration on the TRIPS Agreement and Public Health, WTO Doc. WT/L/540 (Sept. 1, 2003).

10 Letter from Rob Portman to Pascal Lamy (director–general, WTO) (n.d., received Dec. 17, 2005) (on file with authors).

11 As is apparent from Westlaw, LexisNexis, and Google News searches, there was scant news coverage of the U.S. acceptance of the amendment.

12 Notably, the Office of the U.S. Trade Representative (USTR) did not issue a press release like the one it released following the WTO’s adoption of the proposed amendment. See USTR Press Release, United States Welcomes Negotiations Leading to Positive Outcome on Enhancing Access to Medicines (Dec. 6, 2005), at <http://www.ustr.gov=.

13 See Uruguay Round Agreements Act §122(a), 19 U.S.C. §3532 (2000).

14 Id.

15 Id.

16 USTR, 2005 Annual Report of the President of the United States on the Trade Agreements Program 31 (Mar. 2006), at <http://www.ustr.gov=.

17 The U.S. Department of State’s Circular 175 procedure for legal review and approval prior to the conclusion of new international agreements is described at <http://www.state.gov/s/l/treaty/c175/=.

18 Traditionally, the USTR has taken the position that Circular 175 is a purely internal State Department matter that does not apply to the USTR. No parallel procedure exists in the USTR to determine whether an amendment to a U.S. trade agreement requires congressional approval.

19 See Uruguay Round Agreements Act, Pub. L. No. 103–465, 108 Stat. 4809 (1994). The provision approving the WTO Agreement is 19 U.S.C. §3511.

20 See Proclamation 6780—to Implement Certain Provisions of Trade Agreements Resulting from the Uruguay Round of Multilateral Trade Negotiations, and for Other Purposes, 60 Fed. Reg. 15,845 (Mar. 23, 1995).

21 See Bipartisan Trade Promotion Authority Act, 19 U.S.C. §3802(b)(4)(C) (Supp. 2002) (referring to declaration, supra note 8).

1 Spender, S. Hsu & Nick, Miroff, U.S. Holds Suspects in War Crimes, Wash. Post, Apr. 4, 2007, at A1Google Scholar; Larry, Rohter, Rights Groups Hail Arrests of 3 by U.S. in War Crimes, N.Y. Times, Apr. 5, 2007, at A9.Google Scholar

2 U.S. Immigration and Customs Enforcement Press Release, ICE Arrests Three Former Military Officers Accused of Human Rights Violations in South America (Apr. 2, 2007), at <http://www.ice.gov/pi/news/newsreleases/articles/070402washington.htm=.Google Scholar

1 See Agora: Military Commissions Act of 2006, 101 AJIL 35 (2007)Google Scholar; John, R. Crook, Contemporary Practice of the United States, 101 AJIL 185 (2007).Google Scholar

2 See William, Glaberson, In Shift, Justices Agree to Review Detainees’ Case, N.Y. Times, June 30, 2007, at A1 Google Scholar; Robert, Barnes, Justices to Weigh Detainee Rights, Wash. Post, June 30, 2007, at A1.Google Scholar

3 John, R. Crook, Contemporary Practice of the United States, 101 AJIL 483 (2007).Google Scholar

4 Linda, Greenhouse, Supreme Court Turns Down Detainees’ Habeas Corpus Case, N.Y. Times, Apr. 3, 2007, at A14 Google Scholar; Amy, Goldstein, Justices Again Refuse Guantanamo Bay Cases, Wash. Post, May 1, 2007, at A4.Google Scholar

5 Linda, Greenhouse, Clues to the New Dynamic on the Supreme Court, N.Y. Times, July 3, 2007, at A11.Google Scholar

6 The affidavit is reproduced in the petitioners’ reply to the government’s opposition to rehearing, at <http://www.scotusblog.com/movabletype/archives/2007/06/materials_in_th_1.html=. See William, Glaberson, Reserve Officer Criticizes Process of Identifying ‘Enemy Combatants’ at Guantánamo, N.Y. Times, June 23, 2007, at A10 Google Scholar; Carol, D. Leonnig & Josh, White, An Ex-member Calls Detainee Panels Unfair, Wash. Post, June 23, 2007, at A3 Google Scholar; William, Glaberson, Military Insider Becomes Critic of Hearings at Guantánamo, N.Y. Times, July 23, 2007, at A1 Google Scholar. Some detainees have challenged the practice of repeating hearings if senior officers disagree with previous outcomes. William, Glaberson, Guantánamo Detainees’ Suit Challenges Fairness of Military’s Repeat Hearings, N.Y. Times, May 15, 2007, at A14.Google Scholar

7 U.S. Dep’t of Justice, Opposition to Motion to File Declaration (July 6, 2007), at <http://www.scotusblog.com/movabletype/archives/2007/07/01–week/=.

8 Dan, Eggen, Canadian Detainee Charged in 2002 Death of U.S. Soldier, Wash. Post, Apr. 25, 2007, at A10.Google Scholar The new charges against Khadr are at <http://www.defenselink.mil/news/Apr2007/Khadrreferral.pdf=.

9 Hamdan allegedly was a driver for Osama bin Laden before being captured and detained, and was the plaintiff in Hamdan v. Rumsfeld, in which the U.S. Supreme Court overturned the system of military commissions created by presidential order, leading to enactment of the MCA. John, R. Crook, Contemporary Practice of the United States, 100 AJIL 918 (2006)Google Scholar. He is now charged with conspiracy and providing material support for terrorism; the charges are at <http://www.defenselink.mil/news/May2007/Hamdan_Charges.pdf=.

10 William, Glaberson, Military Judges Dismiss Charges for 2 Detainees, N.Y. Times, June 5, 2007, at A1 Google Scholar; Adam, Liptak, Tribunal System, Newly Righted, Stumbles Again, N.Y. Times, June 5, 2007, at A21 Google Scholar; Josh, White, Charges Against Guantanamo Detainee Set for Trial Dropped over Limit in Law, Wash. Post, June 5, 2007, at A18 Google Scholar; Josh, White & Shailagh, Murry, Guantanamo Ruling Renews the Debate over Detainees, Wash. Post, June 6, 2007, at A3.Google Scholar

11 On the Combatant Status Review Tribunal process, see <http://www.defenselink.mil/news/Combatant_Tribunals.html=.

12 U.S. to Appeal Rulings Stalling Detainee Trials, Wash. Post, June 9, 2007, at A5.Google Scholar

13 John, R. Crook, Contemporary Practice of the United States, 100 AJIL 706 (2006)Google Scholar.

14 Walter, Pincus, Powell Calls for Closure of Military Prison at Guantanamo, Wash. Post, June 11, 2007, at A3.Google Scholar

15 Josh, White & Robin, Wright, Guantanamo Splits Administration, Wash. Post, June 22, 2007, at A3.Google Scholar

16 U.S. Dep’t of Defense News Release No. 765-07, Detainee Transfer Announced (June 19, 2007), at <http://www.defenselink.mil/releases/release.aspx?releaseid=11030=; Josh White, 6 Detainees Repatriated by Military, Wash. Post, June 20, 2007, at A6.

17 Josh, White, 16 Detainees Transferred from Guantanamo, Wash. Post, July 17, 2007, at A3.Google Scholar

18 Craig, Whitlock, 82 Inmates Cleared but Still Held at Guantanamo, Wash. Post, Apr. 29, 2007, at A1.Google Scholar

19 Craig, Whitlock, Iraqi Resident of Britain to Leave Guantanamo, Wash. Post, Mar. 30, 2007, at A11.Google Scholar

20 Mark, Landler & Souad, Mekhennet, Freed German Detainee Questions His Country’s Role, N.Y. Times, Nov. 4, 2006, at A5.Google Scholar

21 Anthony, Shadid, Yemeni Languishes at Guantanamo Long After U.S. Approved Release, Wash. Post, June 13, 2007, at A11.Google Scholar

22 Josh, White, Libyan Detainee, Fearing Torture, Fights Transfer Home, Wash. Post, June 15, 2007, at A3.Google Scholar

23 Josh, White, Detainee Transfer Concerns Senators, Wash. Post, July 14, 2007, at A11.Google Scholar

24 John, R. Crook, Contemporary Practice of the United States, 100 AJIL 936 (2006).Google Scholar

25 Mark, Mazzetti & David, S. Cloud, C.I.A. Held Qaeda Leader in Secret Prison for Months, N.Y. Times, Apr. 28, 2007, at A7 Google Scholar; A Top Qaeda Agent Held, U.S. Says, Int’l Herald Trib., Apr. 28–29, 2007, at 6 Google Scholar: Dafna, Linzer, CIA HeldAl–Qaeda Suspect Secretly, Wash. Post, Apr. 28, 2007, at A16 Google Scholar; Karen, DeYoung, CIA Received Recent Detainee from Turkey, Al–Qaeda Says, Wash. Post, May 25, 2007, at A14.Google Scholar

26 Josh, White, Pentagon Says Terror Suspect Has Been Moved to Guantanamo, Wash. Post, June 7, 2007, at A16.Google Scholar

27 Spender, S. Hsu, Guantanamo Detainee Returns to Australia, Wash. Post, May 21, 2007, at A10 Google Scholar; see John, R. Crook,Contemporary Practice of the United States, 101 AJIL 486 (2007).Google Scholar

28 An earlier Justice Department motion for a similar protective order dated August 2006 is available at <http://jurist.law.pitt.edu/pdf/bismullahmotion.pdf=.

29 William, Glaberson, U.S. Asks Court to Limit Lawyers at Guantánamo, N.Y. Times, Apr. 26, 2007, at A1 Google Scholar; Carol, Leonnig, U.S. Wants to Limit Guantanamo Detainees’ Access to Lawyers, Wash. Post, Apr. 27, 2007, at A12.Google Scholar

30 After the Lawyers, Editorial, N.Y. Times, Apr. 27, 2007, at A26 Google ScholarPubMed; Ban All the Lawyers, Editorial, Wash .Post, Apr. 29, 2007, at B6 Google Scholar; Bar Criticizes Proposed Detainee Rules, N.Y. Times, Apr. 30, 2007, at A11.Google Scholar

31 At <https://www.abanet.org/op/mathis/070427statement_mathisdojpetit.shtml=.

32 William, Glaberson, U.S. Won’t Limit Detainees’Visits with Attorneys, N.Y. Times, May 12, 2007, at A1 Google Scholar; U.S. Drops Plan to Limit Detainee Lawyers’ Visits, Wash. Post, May 12, 2007, at A6.Google Scholar

1 Multinational Force–Iraq Press Release No. 20070419-03, Soldiers Charged with Murder (July 19, 2007), at <http://www.mnf–iraq.com/index.php?option=com_content&task=view&id=12918&Itemid=21=.Google Scholar

2 Multinational Force–Iraq Press Release No. 20070630–11, Soldiers Charged with Premeditated Murder (June 30, 2007), at <http://www.mnf–iraq.com/index.php?option=com_content&task=view&id=12612&Itemid=128=Google Scholar; Joshua, Partlow, Soldiers Charged in Iraqi Deaths, Wash. Post, July 1, 2007, at A16.Google Scholar

3 Stephen, Farrell, 3rd American Soldier Charged in Murder of an Iraqi Civilian, N.Y. Times, July 3, 2007, at A9.Google Scholar

4 David, S. Cloud, U.S. Military Opens Inquiry into Whether Marines Killed 10 Afghans After Attack on Convoy, N.Y. Times, Mar. 24, 2007, at A5 Google Scholar; Ann, Scott Tyson, Reaction to Ambush in Afghanistan Probed, Wash. Post, Apr. 12, 2007, at A14 Google Scholar; Ann, Scott Tyson & Josh, White, Excessive Force by Marines Alleged, Wash. Post, Apr. 14, 2007, at A1 Google Scholar; Ann Scott, Tyson & Josh, White, Marines Killed Civilians, U.S. Says, Wash. Post, Apr. 15, 2007, at A1 Google Scholar; Paul von, Zielbauer, Killings of Afghan Civilians Recall Haditha, N.Y. Times, Apr. 20, 2007, at A11 Google Scholar; Paul von, Zielbauer, Criminal Charges Are Expected Against Marines, Official Says, N.Y. Times, Apr. 22, 2007, at A14 Google Scholar; Marines Recalled in Probe of Civilian Deaths in Afghanistan, Wash. Post, Apr. 28, 2007, at A20.Google Scholar

5 Ann Scott, Tyson, Marine Unit Is Told to Leave Afghanistan, Wash. Post, Mar. 24, 2007, at A12 Google Scholar; David, S. Cloud, U.S. Pays and Apologizes to Kin of Afghans Killed by Marines, N.Y. Times, May 9, 2007, at A12 Google Scholar; Josh, White, 69 Afghans’ Families Get a U.S. Apology, Wash. Post, May 9, 2007, at A12.Google Scholar

6 John, R. Crook, Contemporary Practice of the United States, 100 AJIL 713 & 950 (2006).Google Scholar

7 Paul von, Zielbauer, Marine Refused Staff’s Advice on Iraq Deaths, Major Testifies, N.Y. Times, May 15, 2007, at A10 Google Scholar; Paul von, Zielbauer, 2 Marines Deny Suspecting Haditha War Crime, N.Y. Times, May 31, 2007, at A8 Google Scholar; Paul von, Zielbauer, Lawyers in Haditha Case Say Gunshots, Not Grenades, Killed Many Victims, N.Y. Times, June 1, 2007, at A8 Google Scholar; Sonya, Geis, Iraqis Sought Probe of Killings, Wash. Post, June 2, 2007, at A2 Google Scholar; Paul von, Zielbauer, At Haditha Hearing, Dueling Views of a Battalion Commander, N.Y. Times, June 8, 2007, at A19 Google Scholar; Paul von, Zielbauer, Investigator Urges Dismissal of Charges Against Marine, N.Y. Times, July 12, 2007, at A11 Google Scholar; Josh, White, Investigator Urges Clearing of Marine in Killings in Haditha Home, Wash. Post, July 12, 2007, at A19.Google Scholar

8 Thomas, Watkins, Marine Said Deadly Force in Haditha Seemed Appropriate, Wash. Post, July 17, 2007, at A8 Google Scholar; Sonya, Geis, Witness Testifies Marines Knowingly Shot Children in Haditha, Wash. Post, July 18, 2007, at A12 Google Scholar; Sonya, Geis, Agent: Marine Knew Targets Were Families, Wash. Post, July 19, 2007, at A12.Google Scholar

9 Paul von, Zielbauer, Forensic Experts Testify That 4 Iraqis Killed by Marines Were Shot from a Few Feet Away, N.Y. Times, June 15, 2007, at A6 Google Scholar; Paul von, Zielbauer, Investigator Urges Dismissal of Charges Against Marine, N.Y. Times, July 12, 2007, at A11 Google Scholar; White, supra note 7.

10 Paul von, Zielbauer, Officer Says Civilian Tollat Haditha Was a Shock, N.Y. Times, May 9, 2007, at A11 Google Scholar; Sonya, Geis & Josh, White, Officer at Haditha Describes Reaction, Wash. Post, May 9, 2007, at A6 Google Scholar; Sonya, Geis, Haditha Deaths Raised No Red Flags, Wash. Post, May 11, 2007, at A12 Google Scholar; Paul von, Zielbauer, Lawyers on Haditha Panel Peer into Fog of War, N.Y. Times, May 17, 2007, at A12 Google Scholar; Dismissal of Marine’s Haditha Charges Urged, Wash. Post, June 10, 2007, at A11.Google Scholar

11 Charges Dropped Against Marine, N.Y. Times, Apr. 18, 2007, at A10 Google Scholar; Josh, White, Charges Against Marine in Iraq Killings Dropped, Wash. Post, Apr. 18, 2007, at A2 Google Scholar; Josh, White, Marine Officer Receives Immunity in Haditha Killings Case, Wash. Post, Apr. 20, 2007, at A26 Google Scholar; Paul von, Zielbauer, Marine Officer to Testify on Iraq Killings in Exchange for Immunity, N.Y. Times, Apr. 21, 2007, at A6 Google Scholar.

1 Walter, Pincus, U.S. Expects Iraq Prison Growth, Wash. Post, Mar. 14, 2007, at A10 Google Scholar; Walter, Pincus, U.S. Holds 18,000 Detainees in Iraq, Wash. Post, Apr. 15, 2007, at A24.Google Scholar Some accounts by detainees held by U.S. forces describe harsh, arbitrary, and sometimes abusive conditions. Michael, Moss, American Recalls Torment as a U.S. Detainee in Iraq, N.Y. Times, Dec. 18, 2006, at Al Google Scholar; Michael, Moss & Souad, Mekhennet, Jailed Two Years, Iraqi Tells of Abuse by Americans, N.Y. Times, Feb. 18, 2007, §1, at 1.Google Scholar

2 Al–Bandar v. Bush, Civ. A. No. 06–2209 (RMC) (D.D.C. Dec. 27, 2006); Al–Bandar v. Bush, Civ. A. No. 06–5425 (D.C. Cir. Dec. 29, 2006) (denying motion for stay or injunction pending appeal).

3 Hirota v. MacArthur, 338 U.S. 197 (1948) (holding that Japanese officials tried by international tribunals after World War II could not challenge their convictions through habeas corpus in U.S. courts).

4 In re Hussein, 468 F.Supp.2d 126, 129–30 (D.D.C. 2006).

5 U.S. Appeals Ruling on American Held in Iraq, N.Y. Times, Sept. 12, 2006, at A18 Google Scholar; Court Bars Transfer of Suspect to Iraqis, N.Y. Times, Feb. 10, 2007, at A8.Google Scholar

6 Omar v. Harvey, No. 06–5126 (D.C. Cir. Feb. 9, 2007), at <http://pacer.cadc.uscourts.gov/docs/common/opinions/200702/06–5126a.pdf=.

7 Neil, A. Lewis, Lawyers Seek to Free U.S. Citizen Held in Iraq, N.Y. Times, Oct. 15, 2006, at A6 Google Scholar; U.S. Judge Says American Can Be Transferred to Iraqi Custody, N.Y. Times, Oct. 20, 2006, at A13 Google Scholar; Josh, White, U.S. Citizen Sentenced to Death in Iraq Loses Appeal, Wash. Post, Apr. 7, 2007, at A3.Google Scholar

8 Munaf v. Geren, No. 06-5324 (D.C. Cir. Apr. 6, 2007), at <http://pacer.cadc.uscourts.gov/docs/common/opinions/200704/06–5324b.pdf=.

1 See John, R. Crook, Contemporary Practice of the United States, 99 AJIL 270 (2005)Google Scholar; 100 AJIL 480, 715, & 953 (2006); & 101 AJIL 221 (2007).

2 Warren, Hoge, Europeans Limit Scope of Iran Nuclear Resolution, N.Y. Times, Dec. 9, 2006, at A9.Google Scholar

3 SC Res. 1737 (Dec. 23, 2006); see Colum, Lynch, Sanctions on Iran Approved by U.N., Wash. Post, Dec. 24, 2006, at A1.Google Scholar

4 Colum, Lynch, Russian Concerns About Iran Resolution Eased, Wash. Post, Dec. 12, 2006, at A22 Google Scholar; Warren, Hoge, UN Draft Resolution on Iran Loosens Travel Ban and Time Limits, N.Y. Times, Dec. 21, 2006, at A18 Google Scholar; Colum, Lynch, Europeans Yield on Iran Sanctions, Wash. Post, Dec. 21, 2006, at A24 Google Scholar; Elissa, Gootman, U.N. Postpones Vote on Penalties for Iran, N.Y. Times, Dec. 23, 2006, at A10 Google Scholar; ‘Nyet’on Iran, Editorial, Wash. Post, Dec. 23, 2006, at A20 Google ScholarPubMed; Colum, Lynch, Russian Continues the Tantrum Tradition at UN, Wash. Post, Dec. 27, 2006, at A10.Google Scholar

5 Andrew, E. Kramer, Russia Will Slow Work on Iran’s Nuclear Plant, N.Y. Times, Feb. 20, 2007, at A9 Google Scholar; Elaine, Sciolino, Russia Tells Iran It Must Suspend Uranium Project, N.Y. Times, Mar. 21, 2007, at A1 Google Scholar; Russia, Iran and the Bottom Line, Editorial, N.Y. Times, Mar. 21, 2007, at A20.Google Scholar

6 Nazila, Fathi, Iran Is Defiant, Vowing to U.N. It Will Continue Nuclear Efforts, N.Y. Times, Dec. 25, 2006, at A10 Google Scholar; Nasser, Karimi, Iran Rebuffs UN, Vows to Speed Up Uranium Enrichment, Wash. Post, Dec. 25, 2006, at A22 Google Scholar; Nazila, Fathi, Iran Parliament Debates Reply to U.N. Penalties, N.Y. Times, Dec. 27, 2006, at A3 Google Scholar; Nazila, Fathi, Iran to ‘Revise’ Any Relations with Monitors in Nuclear Area, N.Y. Times, Dec. 28, 2006, at A3.Google Scholar

7 Mark, Landler & David, E. Sanger, Chief U.N. Nuclear Monitor Cites Iran Enrichment Plan, N.Y. Times, Jan. 27, 2007, at A7 Google Scholar; Dafna, Linzer & Colum, Lynch, Iran Continues Nuclear Work Despite Deadline, Sanction Threat, Wash. Post, Feb. 22, 2007, at A14 Google Scholar; David, E. Sanger & William, J. Broad, Iran Expanding Nuclear Effort, Agency Reports, N.Y. Times, Feb. 23, 2007, at A1 Google Scholar; Colum, Lynch & Dafna, Linzer, Rice Warns Iran It Risks Further U.N. Sanctions, Wash. Post, Feb. 23, 2007, at A1.Google Scholar

8 SC Res. 1747 (Mar. 24, 2007); see Colum, Lynch, U.N. Backs Broader Sanctions on Tehran, Wash. Post, Mar. 25, 2007, at A1. Google Scholar

9 Elaine, Sciolino & Katrin, Bennhold, Chirac Strays from Assailing a Nuclear Iran, N.Y. Times, Feb. 1, 2007, at A1 Google Scholar; Katrin, Bennhold, In Uproar, Chirac Again Retracts Remarks on Nuclear Iran, N.Y. Times, Feb. 2, 2007, at A8 Google Scholar; Colum, Lynch, U.S., Allies Agree to Drop Proposed Iran Travel Ban, Wash. Post, Mar. 10, 2007, at A15 Google Scholar; Warren, Hoge, U.N. Council Gets New Draft Decree on Iran Nuclear Sanctions, N.Y. Times, Mar. 16, 2007, at A15.Google Scholar

10 Nazila, Fathi, Iran Bars Inspectors; Dissident Cleric Condemns President’s Stance, N.Y. Times, Jan. 23, 2007, at A7 Google Scholar; Nasser, Karimi, Iran Partly Suspends Nuclear Pledges, Wash. Post, Mar. 26, 2007, at A7 Google Scholar; Thorn, Shanker & William, J. Broad, Iran to Limit Cooperation with Nuclear Inspectors, N.Y. Times, Mar. 26, 2007, at A6.Google Scholar

11 Nazila, Fathi, Iran’s President Promises More Nuclear Fuel and a Celebration, N.Y. Times, Jan. 4, 2007, at A3 Google Scholar; Graham, Bowley & Brian, Knowlton, Iran’s President Vows to Keep Enriching Uranium Despite Expiration of U.N. Deadline to Stop, N.Y. Times, Feb. 22, 2007, at A12.Google Scholar

12 David, E. Sanger, Iran, Behind Schedule, Installs Equipment at Site for Large–Scale Uranium Enrichment, N.Y. Times, Feb. 3, 2007, at A8 Google Scholar; Nazila, Fathi, Iran Says It Can Enrich Uranium on an Industrial Scale, N.Y. Times, Apr. 10, 2007, at A3 Google Scholar; Dafna, Linzer, Iran Asserts Expansion of Nuclear Operation, Wash. Post, Apr. 10, 2007, at A9.Google Scholar

13 David, E. Sanger, Atomic Agency Confirms Advances by Iran s Nuclear Program, N.Y. Times, Apr. 19, 2007, at A10 Google Scholar; Dafna, Linzer, Boost in Iran’s Capacity to Enrich Uranium Noted, Wash. Post, Apr. 19, 2007, at A23.Google Scholar

14 Helene, Cooper & David, E. Sanger, U.S., Annoyed by U.N. Report on Iran and Uranium, Hopes to Use It to Widen Sanctions, N.Y. Times, May 24, 2007, at A11 Google Scholar; Karen, DeYoung, Iranian Defiance of U.N. Detailed, Wash. Post, May 24, 2007, at Al Google Scholar; Karen, DeYoung, U.S. Urges New Sanctions as Iran Stands Firm on Nuclear Policy, Wash. Post, May 25, 2007, at A14 Google Scholar; Robin, Wright, U.S., Britain Drafting Stricter Iran Sanctions, Wash. Post, June 23, 2007, at A13.Google Scholar

15 Helene, Cooper, Rice Plays Down Hawkish Talk About Iran, N.Y. Times, June 2, 2007, at A5.Google Scholar

16 Mark, Landler, U.N. Inspectors Invited to Iran for Talks on Nuclear Program, N.Y. Times, June 26, 2006, at A9 Google Scholar; Robin, Wright, Slowdown Seen in Iran’s Nuclear Program, Wash. Post, July 10, 2007, at A12 Google Scholar; Iran, Reversing Ban, Will Open Reactor to U.N. Inspectors, N.Y. Times, July 14, 2007, at A6.Google Scholar

17 Helene, Cooper & Steven, R. Weisman, West Tries a New Tack to Block Iran’s Nuclear Agenda, N.Y. Times, Jan. 2, 2007, at A3 Google Scholar; David, E. Sanger & William, J. Broad, Iran Expanding Nuclear Effort, Agency Reports, N.Y. Times, Feb. 23, 2007, at A1 Google Scholar; Robin, Wright, Iran Feels Pinch as Major Banks Curtail Business, Mar. 26, 2007, at A10.Google Scholar

18 Steven, R. Weisman, U.S. Pursues Tactic of Financial Isolation, N.Y. Times, Oct. 16, 2006, at A10Google Scholar; Steven, R. Weisman, U.S. Prohibits All Transactions with a Major Iranian Bank, N.Y. Times, Jan. 10, 2007, at A3.Google Scholar

1 John, R. Crook, Contemporary Practice of the United States, 101 AJIL 499 (2007)Google Scholar.

2 David, Greenlees & David, Lague, Trail Led to Macao as Focus of North Korean Corruption, N.Y. Times, Apr. 11, 2007, at A6 Google Scholar; David, Lague, Macao Set to Resolve North Korea Snag, U.S. Says, N.Y. Times, Apr. 11, 2007, at A5 Google Scholar; Steven, R. Weisman, U.S. Close to Deal to Release Frozen North Korean Funds, N.Y. Times, June 12, 2007, at A11 Google Scholar; Glenn, Kessler, North Korea Gets $25 Million Frozen by U.S. Probe, Wash. Post, June 15, 2007, at A17 Google Scholar; David, Lague, U.S. Says North Korea May Begin Shutting Reactor in Weeks, N.Y. Times, June 19, 2007, at A4 Google Scholar; Choe, Sang–Hun, North Korea Received Funds and Says It Will Shut Down Its Main Nuclear Reactor, N.Y. Times, June 26, 2007, at A10 Google Scholar; Edward, Cody, N. Korea Says Funds Issue Is Resolved, Wash. Post, June 26, 2007, at A15.Google Scholar

3 David, E. Sanger & Norimitsu, Onishi, U.S., in Shift, Plans Talks in North Korea on Arsenal, N.Y. Times, June 21, 2007, at A8 Google Scholar; Norimitsu, Onishi, In Surprise Move, U.S. Envoy Visits North Korea, N.Y. Times, June 22, 2007, at A8 Google Scholar; Glenn, Kessler, U.S. Official Wraps Up Sudden Visit to N Korea, Wash. Post, June 22, 2007, at A1.Google Scholar

4 Edward, Cody, N Korea Summons Inspectors to Reactor, Wash. Post, June 17, 2007, at A14 Google Scholar; North Korea and U.N. Reach Agreement on Reactor Shutdown, N.Y. Times, June 30, 2007, at A4.Google Scholar

5 Choe, Sang–Hun, North Korea ‘Prepared’ to Shut Down Reactor, U.S. Envoy Says, N.Y. Times, June 23, 2007, at A5 Google Scholar; Choe, Sang–Hun, Oil Is Shipped to North Korea Under Nuclear Shutdown Pact, N.Y. Times, July 13, 2007, at A9.Google Scholar

6 Edward, Cody, N. Korea Shutters Nuclear Facility, Wash. Post, July 15, 2007, at A1 Google Scholar; Choe, Sang–Hun, U.N. Inspectors Confirm Shutdown of North Korean Reactor, N.Y. Times, July 17, 2007, at A3 Google Scholar; A Reactor Shut Down, Editorial, Wash. Post, July 17, 2007, at A18.Google Scholar

7 Edward, Cody, N. Korea Nuclear Talks Resume, Wash. Post, July 19, 2007, at A16 Google Scholar; Howard, W. French, North Korea Nuclear Talks Fail to Set Disarmament Timetable, but Yield Agreement on Goals, N.Y. Times, July 20, 2007, at A13 Google Scholar; Edward, Cody, N. Korea Talks Fizzle with No Disarmament Timetable, Wash. Post, July 21, 2007, at A8.Google Scholar

1 North American Free Trade Agreement, Dec. 17, 1992, Can.-Mex.-U.S., ch. 11, 32 ILM 605, 639 (1993).Google ScholarPubMed

2 Int’l Thunderbird Gaming Corp. v. United Mexican States, Civ. 06-00748 (HHK) (D.D.C. Feb. 14, 2007), at <https://ecf.dcd.uscourts.gov/cgi–bin/show_public_docJ2006cv0748–17=.

3 Int’l Thunderbird Gaming Corp. v. United Mexican States, Award (nafta Ch. 11 Arb. Trib. Jan. 26, 2006), at <http://www.iisd.org/pdf/2006/itn_award.pdf=.

4 Int’l Thunderbird Gaming Corp. v. United Mexican States, Civ. 06-00748 (HHK), mem. op. at 3–4.

5 Id. at 4–6.

1 Linda, Greenhouse, Supreme Court to Hear Appeal of Mexican Death Row Inmate, N.Y. Times, May 1, 2007, at A18 Google Scholar; Amy, Goldstein, Justices Again Refuse Guantanamo Bay Cases, Wash. Post, May 1, 2007, at A4 Google Scholar; see John, R. Crook, Contemporary Practice of the United States, 101 AJIL 480 (2007).Google Scholar

2 Elena, Berton, U.S. Probing BAE’s Dealings with Saudi Arabia, Wash. Post, June 27, 2007, at D4.Google Scholar

3 BAE Systems press release, BAE Systems—US Department of Justice Investigation (June 26, 2007), at <http://production.investis.com/investors/news/regulatory/rnsitem?id=1182837637nRNSZ0078Z=; see BBC News, US to Probe BAE over Corruption (June 26, 2007), at <http://news.bbc.co.uk/2/hi/business/6239918.stm=.

4 The Serious Fraud Office stated:

Serious Fraud Office, Statement (Dec. 14, 2006), at <http://www.sfo.gov.uk/news/prout/pr_497.asp?seltxt==.

5 Alan, Cowell, U.S. Lodged 2 Protests over BAE Decision, N.Y. Times, Apr. 28, 2007, at A8.Google Scholar

6 Marc, Kaufman, Talk of Satellite Defense Raises Fears of Space War, Wash. Post, Dec. 17, 2006, at A12 Google Scholar; David, E. Sanger & Joseph, Kahn, U.S. Officials Try to Interpret China’s Silence over Satellite, N.Y. Times, Jan. 22, 2007, at A3 Google Scholar; China’s Space Missile Test Stirs Worries, Atlanta J.–Const., Jan. 20, 2007, at A6 Google Scholar; Joseph, Kahn, China Confirms Space Test; Denies Intent to Intimidate, N.Y. Times, Jan. 24, 2007, at A8.Google Scholar

7 William, J. Broad, Orbiting Junk, Once a Nuisance, Is Now a Threat, N.Y. Times, Feb. 6, 2007, at D1.Google Scholar

8 Michael, R. Gordon & David, S. Cloud, U.S. Knew of China’s Missile Test, but Kept Silent, N.Y. Times, Apr. 23, 2007, at A1.Google Scholar

9 See John, R. Crook, Contemporary Practice of the United States, 101 AJIL 204 (2007).Google Scholar

10 See John, R. Crook, Contemporary Practice of the United States, 99 AJIL 922 (2005).Google Scholar

11 Curt, Anderson, FBI Adds to U.S. Case Against Militant Posada, Wash. Post, May 5, 2007, at A8 Google Scholar; Texas: Castro Foe’s Indictment Is Thrown Out, N.Y. Times, May 9, 2007, at A18 Google Scholar; Immigration Case Against Cuban Militant Dismissed, Wash. Post, May 9, 2007, at A3.Google Scholar

12 Judge Orders Bail for Accused Jet Bomber, Wash. Post, Apr. 7, 2007, at A6 Google Scholar; Anthony, DePalma, U.S. Releases Cuban Bombing Suspect, Angering Havana, N.Y. Times, Apr. 20, 2007, at A8.Google Scholar

13 Militant, 79, Is Released by U.S. to House Arrest, Wash. Post, Apr. 20, 2007, at A20;Google Scholar Abby, Goodnough & Marc, Lacey, Legal Victory by Militant Cuban Exile Brings Both Glee and Rage, N.Y. Times, May 10, 2007, at A17 Google Scholar; U.S. Must Decide Fate of Militant, Wash. Post, May 10, 2007, at A10.Google Scholar