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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  28 March 2017

Arthur W. Rovine
Arthur W. Rovine*
Affiliation:
Office of the Legal AdviserDepartment of State
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American Journal of International Law , Volume 68 , Issue 3 , July 1974 , pp. 504 - 530
Copyright
Copyright © American Society of International Law 1974

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References

1 TIAS 7542; 24 UST 1; 67 AJIL 398 (1973); 12 ELM 58 (1973), entered into force for the United States, Jan. 27, 1973.

2 TIAS 7568; 24 UST 485; 67 AJIL 620 (1973); 12 ILM 392 (1973), entered into force for the United States, March 2, 1973.

3 Dept. of State Press Release, No. 100, March 15, 1974, at 2.

1 39 Fed. Reg. 6603 (1974).

2 59 Stat. 669; 22 U.S.C. § 288.

3 87 Stat. 635.

4 See 68 AJIL 316 (1974) and 1973 Digest, Ch. 2, § 4b.

5 39 Fed. Reg. 2313 (1974). See also 1973 Digest, Ch. 8, § 6.

1 For the full text of Secretary Morton’s statement, see UN Doc. T/1749, Feb. 1, 1974.

1 TIAS 6577; 19 UST 6223; 189 UNTS 159; 63 AJIL 389 (1963). Article 28 of the Convention provides:

1. The Contracting States shall issue to refugees lawfully staying in their territory travel documents for the purpose of travel outside their territory, unless compelling reasons of national security or public order otherwise require, and the provisions of the Schedule to this Convention shall apply with respect to such documents. The Contracting States may issue such a travel document to any other refugee in their territory; they shall in particular give sympathetic consideration to the issue of such a travel document to refugees in their territory who are unable to obtain a travel document from the country of their lawful residence.

2. Travel documents issued to refugees under previous international agreements by parties thereto shall be recognized and treated by the Contracting States in the same way as if they had been issued pursuant to this article.

The United States is not a party to the 1951 Convention, but is obligated under Article 28 and other articles of the 1967 Protocol Relating to the Status of Refugees TIAS 6577; 19 UST 6223; 63 AJIL 385 (1969); entered into force for the United States on Nov. 1, 1968, subject to reservations.

2 39 Fed. Reg. 2079 (1974). See also the 1973 Digest, Ch. 3, § 4.

1 See 39 Fed. Reg. 10415 (1974).

2 87 Stat. 24. See 67 AJIL 762 (1973) and 1973 Digest, Ch. 4, § 1.

1 The text of the Vienna Convention on the Law of Treaties, signed for the United States on April 24, 1970, may be found in Senate Executive L, 92d Cong., 1st Sess., Nov. 22, 1971, also in 63 AJIL 875 (1969); 8 ILM 679 (1969).

2 Article 46 of the Convention reads as follows:

Provisions of internal law regarding competence to conclude treaties

1. A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance.

2. A violation is manifest if it would be objectively evident to any State conducting itself in the matter in accordance with normal practice and in good faith.

3 Dept. of State File No. POL 4.

4 Dept. of State File No. P74 0006–1314.

1 The 1958 Convention on the Territorial Sea and Contiguous Zone (entered into force for the United States, Sept. 10, 1964) is at 15 UST 1606; TIAS 5639; 516 UNTS 205; 52 AJIL 834 (1958).

2 Department of State File No. P74 0020–2088.

1 P.L. 93–242; 87 Stat. 1061; 13 ILM 89 (1974).

2 The 1958 Convention on the Continental Shelf can also be found in TIAS 5578; 15 UST 471; 52 AJIL 858 (1958).

3 Dept. of State File No. P74–0009–0263.

4 See Dept. of State telegram No. 10632, Jan. 17, 1974.

1 The applicable sections of the Fishermen’s Protective Act of 1967, as amended, read as follows:

In any case where—

(a) a vessel of the United States is seized by a foreign country on the basis of rights or claims in territorial waters or the high seas which are not recognized by the United States; and

(b) there is no dispute of material facts with respect to the location or activity of such vessel at the time of seizure, the Secretary of State shall as soon as practicable take such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country and to secure the release of such vessel and crew. (22 U.S.C. 1972.)

In any case where a vessel of the United States is seized by a foreign country under the conditions of section 1972 of this title and a fine, license fee, registration fee, or any other direct charge must be paid in order to secure the prompt release of the vessel and crew, the owners of the vessel shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Secretary of State as being the amount of the fine, license fee, registration fee, or any other direct charge actually paid. (22 U.S.C. 1973.)

2 Dept. of State File No. P74 0028–0006.

3 Dept. of State File No. P74 0028–0003.

1 Hearings before the Subcomm. on Oceanography of the House Comm. on Merchant Marine and Fisheries, 93d Cong., 2d Sess., Feb. 26, 1974.

2 Hearings before the Subcomm. on Minerals, Materials and Fuels of the Senate Comm. on Interior and Insular Affairs, 93d Cong., 2d Sess., March 5, 1974.

3 For the Executive Branch position on a similar bill proposed in 1973, see the 1973 Digest, Ch. 7, § 5, at 263–67. For the U.S. proposal on provisional entry into force of a permanent regime for the deep seabed, see ibid.

1 In the Joint Declaration, the United States and Panama agreed to re-establish diplomatic relations and to designate without delay Special Ambassadors “with sufficient powers to seek the prompt elimination of the causes of conflict between the two countries, without limitations or preconditions of any kind.” For the full text, see 50 Dept. of State Bull., 656 (1964).

2 The 1903 Convention, signed at Washington November 18, 1903, and entered into force February 26, 1904, is at 33 Stat. 2232; TS 431; II Malloy 1349. Various amendments thereto are in the treaty of March 2, 1936 (53 Stat. 1807; TS 945) and the treaty of January 25, 1955 (6 UST 2273; TIAS 3297).

3 See Dept. of State News Release, Feb. 7, 1974; 70 Dept. State Bull. 184–85 (1974).

1 TIAS 6347; 18 UST 2410; 61 AJIL 644 (1967), entered into force for the United States, Oct. 10, 1967.

2 Press Release USUN-11(74), Feb. 25, 1974.

1 Dept. of State File No. P74 0026–1325.

2 37 Fed. Reg. 22573 (1972).

2 Dept. of State File No. P74 0020–0675.

3 Dept. of State File No. B-178205.

4 12 USC 635(b)(2).

5 S. Rept. No. 493, 90th Cong., 1st Sess., at 4.

6 H.R. Rept. No. 1103, 90th Cong., 2d Sess., at 4.

7 Export-Import Bank Press Release, March 22, 1974.

1 See Dept. of the Treasury News, Jan. 29, 1974. The Office of Foreign Direct Investments also adopted certain amendments to the regulations (15 C.F.R. Ch. 10, Pt. 1000) implementing the decision ending the foreign direct investment controls. The amendments became effective February 8, 1974, and were made applicable to all affected transactions on or after January 1, 1974. For the full text, see 39 Fed. Reg., 4871–73 (1974). See also Federal Reserve Tress Release, Jan. 29, 1974. While the programs were brought to an end, certain reporting requirements were retained to assist in monitoring balance of payments flows and the international transactions of U.S. businesses and financial institutions.

1 For the full text of the Communiqué, see 70 Dept. State Bull., 220–22 (1974). The Conference was attended by the Foreign Ministers of Belgium, Canada, Denmark, France, the Federal Republic of Germany, Ireland, Italy, Japan, Luxembourg, The Netherlands, Norway, the United Kingdom, and the United States. The European Community was represented as such by the President of the Council and the President of the Commission.

* France does not accept point 9. [Footnote in original.]

** France does not accept points 16 and 17. [Footnote in original.]

2 For the texts of statements to the conference by Secretary of State Henry A. Kissinger and by Federal Energy Administrator William Simon, as well as an outline of a statement by Secretary of the Treasury George P. Shultz, see Id., 201–20.

1 Dept. of State Press Release, No. 62, Feb. 21, 1974, at 5; 70 Dept State Bull., 257–62 (1974).

2 Dept. of State Press Release, No. 67, Feb. 24, 1974, at 4–5; 70 Dept. State Bull., 262–64 (1974).

3 Dept. of State News Briefing, DPC 31, Feb. 25, 1974, at B14-B15.

1 Department of Defense, OSD Corres. 17018.

2 U.S. Army Field Manual 27–10, para. 34b (1956). The comment on paragraph 4 of Article 23 is as follows:

What weapons cause “unnecessary injury” can only be determined in light of the practice of States in refraining from the use of a given weapon because it is believed to have that effect. The prohibition certainly does not extend to the use of explosives contained in artillery projectiles, mines, rockets, or hand grenades. Usage has, however, established the illegality of the use of lances with barbed heads, irregular-shaped bullets, and projectiles filled with glass, the use of any substance on bullets that would tend unnecessarily to inflame a wound inflicted by them, and the scoring of the surface or the filing off of the ends of the hard cases of bullets.

3 International Committee of the Red Cross, Draft Additional Protocols to the Geneva Convention of August 12, 1949, at 12 (1973).