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United States: Memoranda on the Middle East Agreements*
Published online by Cambridge University Press: 04 April 2017
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- Copyright © American Society of International Law 1975
Footnotes
*
[The agreements discussed in the memoranda are the four appearing at I.L.M. pages 1468 and 1469.]
References
** [Reproduced from United States Congressional Record, 94th Cong., 1st Sess., Vol. 121, No. 152 (October 9, 1975), pp. S 17957-65.
[The position of the Department of State Legal Adviser, dated October 6, 1975, appears at I.L.M. page 1593.
[Further responses to the two positions will be carried in the January 1976 issue of International Legal Materials.]
page 1586 note 1 For the text of Resolution see page 41 of this Memorandum.
page 1587 note 2 5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain, from giving assistance to any state against which the United Nations is taking preventive or enforcement action. United Nations Charter, article 2, paragraph 5.
page 1587 note 3 E.g., it Is not permissible to interpret what has no need of interpretation; the duty is to give effect to the expressed intention of the parties; the whole of the treaty must be taken into consideration: words must be given their ordinary and natural meaning in the context in which they occur; all treaties must be Interpreted so as to exclude fraud. See generally 14 Whiteman, Digest of International Law. section 39 (1970). In drafting legislation, it is the policy of this office that statutory lnnguaive should be sufficiently clear as to make unnecessary resort to canons of construction.
page 1591 note 1 See attached memorandum of law.
page 1591 note 2 “Because these letters were international agreements they were required under the law to be transmitted to tho Congress. They were not transmitted. In fact, the President continues to withhold the letters from us. They have been requested, first on April 10, 1975 and again on May 1, 1975, by the Chairman of the Foreign Relations Committee.” Hon. Clifford Case, testimony before Subcommittee on Separation of Powers, Senate Judiciary Committee, May 13, 1975.
page 1592 note 1 The Convention Is not in effect with respect to the United States, but it is strong evidence of the current state of inernational law and has been cited by the Department of State as such. See, eg., “United States says it is now free to breach Viet Nam pact”, New York Times, January 15, 1975, in which it is reported that Department spokesmen cite the Vienna Convention regarding the effect of a material breach of an international agreement of the obligations of other parties.
page 1592 note 1 “In view of the long-standing United States commitment to the survival and security of Israel, the United States Government will view with particular gravity threats to Israel's security or sovereignty by a world power. In support of this objective, the United States Government will In the event of such threat consult promptly with the Government of Israel with respect to what support, diplomatic or otherwise, or assistance it can lend to Israel in accordance with its constitutional practices.”
page 1593 note * [Reproduced from U.S. congressional Record, 94th Cong., 1st Sess., vol. 121, No. 170 (November 14, 1975), pp. S 20102-05.]
page 1593 note * Section 205 of the National Aeronautics and Space Act of 1958 (72 Stat. 426) provides: