The U.S. refusal to permit Yasir Arafat, Chairman of the Palestine Liberation Organization, to attend the 43d annual meeting of the General Assembly in New York was almost universally condemned as a violation of international law. Because Arafat publicly complied, on December 14, 1988, with the conditions the United States had long prescribed as prerequisite for direct contacts with the PLO, many have tended retroactively to validate the refusal to grant the visa, as a pragmatic and legitimate technique of diplomatic suasion. Consequently, it is all the more urgent that the record of international legal violation be confirmed, lest the refusal be cited, in the idiosyncratic fashion of international law, as precedent for future violations. Such a development would hasten the deterioration of the regime of restraints on the discretion of host states and reduce the effectiveness of resident international organizations.

The Permanent Court of International Justice was not active during its twentieth year. The institutional framework of the Court was maintained, the personnel of its bench was kept intact, its officials were at their posts, and certain funds were available for current expenses; but no sessions were held during the year, and no progress was made with the two pending cases. Nor were there any significant developments during the year with reference to the international instruments relating to the Court, the attention of Governments being completely engrossed in other fields.

In these three breach-of-contract actions, United States federal courts considered the liability of home offices of U.S. banks for obligations of their foreign branches in the event of foreign governmental expropriation or exchange control measures. In each decision the court of appeals did not apply the act of state doctrine and gave no effect to the foreign governmental action, largely on the ground either that the situs of the debt was not within the exclusive jurisdiction of the foreign state carrying out the governmental measure at issue or that the law governing the obligation was not that of the foreign state.

The Inter-American Commission on Human Rights (Commission) brought this action in 1986 against the Government of Honduras in the Inter-American Court of Human Rights. The Commission alleged that Honduras had violated Articles 4, 5 and 7 of the American Convention on Human Rights (Convention) with respect to the 1981 detention and subsequent disappearance of a Honduran student, Angel Manfredo Velásquez Rodríguez. The Court ruled for the Commission and unanimously held: (1) that domestic Honduran legal remedies were ineffective and did not bar the Court’s jurisdiction; (2) that a systematic pattern of disappearances was carried out or tolerated by Honduran government officials from 1981 to 1984; (3) that Honduras had violated the victim’s rights as part of that practice; and (4) that Honduras must therefore compensate the family of the victim and that any agreement on the form and amount of compensation must be approved by the Court. The Court further held, by six to one, that it would decide the form and amount of compensation if Honduras and the Commission were unable to negotiate an agreement within 6 months. Judge Piza filed a dissenting opinion.

After fifteen years of intensive effort, the nations of the world, with full participation by the United States, produced a comprehensive Convention on the Law of the Sea. In 1982, President Reagan decided that the United States would not become a party to the Convention. But formal abstention from the Convention is hardly a complete national oceans policy for the United States. Indeed, that abstention compels the United States to attend carefully to its posture, in law and policy, toward the Convention itself and to each of its many provisions on matters of major interest to the United States.

The motive force back of immigration into the United States has shown interesting variations. Appealing first to victims of religious tyranny as a haven, the United States of America assumed a new importance in the middle of the nineteenth century as a refuge for victims of political tyranny, and somewhat later for individuals seeking relief from economic poverty. Its democratic form of government offered an undreamed of freedom to millions of politically oppressed people, and its marvelous stores of natural wealth held forth fabulous opportunities for an immigrant to improve his material well-being. The cumulative and collective effects of these inducements resulted in an increasing annual influx of immigrants seeking surcease from oppression of one kind or another which culminated in the most extensive movement of people from one continent to another ever recorded by history.