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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Marian Nash  and
(Leich)
Marian Nash
Affiliation:
Department of State
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Extract

In response to a request from the court to the Legal Adviser of the Department of State, by a letter dated November 29, 1995, the United States submitted a Statement of Interest in Meridien International Bank Ltd. v. Government of the Republic of Liberia. The United States stated that the executive branch had determined that allowing the (second) Liberian National Transitional Government (LNTG II) access to American courts was consistent with U.S. foreign policy. The court, the United States maintained, should therefore accord that Government standing to assert claims and defenses in the action on behalf of the Republic of Liberia.

Type
Research Article
Information
American Journal of International Law , Volume 90 , Issue 2 , April 1996 , pp. 263 - 279
Copyright
Copyright © American Society of International Law 1996

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References

1 No. 92 Civ. 7039 (AGS) (S.D.N.Y. filed Jan. 16, 1996).

2 Dept. of State File No. P96 0002-1637/1655.

3 Id., No. P96 0008-1015/1026.

1 Pub. L. No. 103-236, 108 Stat. 382, 397 (1994).

2 Id. Section 138 of Pub. L. No. 103-236 also requires that any such determination be published in the Federal Register. 1 U.S.C. §112a(c).

3 61 Fed. Reg. 7070-71 (1996). For a discussion of the Department's reasons for determining that the categories of agreements met the statutory criteria for nonpublication, see 60 id. at 54,319 (1995). In selecting the categories, the Department focused on several areas with a large volume of agreements that do not appear to be of general public interest, and/or that are frequendy revised, and/or that are readily available from private sources.

4 64 Stat. 979 (codified at 1 U.S.C. §112a). s 52 Stat. 760.

6 80 Stat. 271. See 14 Whiteman, DIGEST 119–22.

With regard to international agreements other than treaties, “including the text of any oral international agreement, which agreement shall be reduced to writing,” the Case-Zablocki Act, Pub. L. No. 92-403, 86 Stat. 619 (1972) (codified at 1 U.S.C. §112b), required that the texts of such agreements thereafter entered into by the United States be transmitted to Congress within 60 days after their execution. The Case-Zablocki Act made no change in the publishing requirement.

7 Elimination of the requirement to publish the international agreements listed above in United States Treaties and Other International Agreements results also in their no longer being made available in printed slip or pamphlet form in the TIAS, although, as required by 1 U.S.C. §112a(c), the Department of State will make copies available upon request. (The Department plans to continue numbering printed international agreements, whether treaties or executive agreements, in the TIAS consecutively in the order of printing.)

1 Pub. L. No. 104-43, 109 Stat. 366 (1995). In addition to Tide I—High Seas Fishing Compliance (the High Seas Fishing Compliance Act of 1995), which implements the 1993 FAO Agreement, the Fisheries Act of 1995 contains seven other titles: Tide II—Implementation of Convention on Future Multilateral Cooperation in the Northwest Adantic Fisheries (Northwest Adantic Fisheries Convention Act of 1995); Tide III—Adantic Tunas Convention Act (Adantic Tunas Convention Authorization Act of 1995); Title IV—Fishermen's Protective Act (amending the Fishermen's Protective Act of 1967 to cover reimbursement of “transit license” fees through die “Inside Passage” off the Pacific Coast of Canada); Tide V—Fisheries Enforcement in Central Sea of Okhotsk (Sea of Okhotsk Fisheries Enforcement Act of 1995); Tide VI—Driftnet Moratorium (High Seas Driftnet Fishing Moratorium Protection Act); Tide VII—Yukon River Salmon Act (Yukon River Salmon Act of 1995); and Tide VIII—Miscellaneous (containing an amendment to sec. 9 of the Soudi Pacific Tuna Act of 1988, 16 U.S.C. §973g, and provisions governing foreign fishing for Adantic herring and Adantic mackerel).

2 S. Treaty Doc. No. 24, 103d Cong., 2d Sess. at III (1994).

3 Id. at V–VIII. See also S. Exec. Rep. No. 32, 103d Cong., 2d Sess. (1994).

1 UN Doc. A/CONF.164/33 (1995).

2 On October 6,1994, President Clinton had transmitted the 1982 Convention, as modified by the Agreement Relating to the Implementation of Part XI, to the Senate for its advice and consent both to U.S. accession to the Convention and to U.S. ratification of the Agreement. S. Treaty Doc. No. 39,103d Cong., 2d Sess. (1994).

3 S. Treaty Doc. No. 24, 104th Cong., 2d Sess. at III (1996).

4 Id. at V–VII.

1 S. Treaty Doc. No. 1, 103d Cong., 1st Sess. (1993).

2 S. Exec. Rep. No. 10, 104th Cong., 1st Sess. (1995).

3 142 Cong. Rec. S461–63 (daily ed. Jan. 26, 1996). See also 87 AJIL 258 (1993). For the Bush-Yeltsin Joint Understanding on Reductions in Strategic Offensive Arms, June 17,1992, see 3 Deft. St. Dispatch 492 (1992); for their Joint Statement on a Global Protection System, see id. at 493.

1 Dept. of State Files L/CID. In regard to the 1988 downing of Iran Air Flight 655 during an exchange of surface fire between the USS Vincennes and a group of Iranian naval craft, and President Reagan's offer of compensation, see 83 AJIL 912 (1989).