PDF iconDigest of United States Practice in International Law 2008

Key Words

In order to assist readers in locating the full text of documents which are excerpted in the 1991-1999 Digest but readily accessible elsewhere, the volume includes citations to Internet or other public sources. This listing has been created for documents that are not readily available.

List of Documents

Chapter 1

1. U.S. brief, Lin v. United States (D.C. Cir. Dec. 3, 2008).
2. U.S. motion to dismiss in case alleging entitlement to a passport.
3. U.S. brief, Zivotofsky v. Secretary of State (D.C. Cir. Apr. 4, 2008).
4. U.S. Statement to General Assembly Sixth Committee on the International Law Commission Report (Oct. 31, 2008).

Chapter 2

No documents for the website in this chapter.

Chapter 3

5. a. U.S. brief, Trinidad y Garcia v. Benov (C.D. Cal. Jan. 23, 2008).
b. Declaration of Clifton M. Johnson attached to U.S. brief.
6. Order denying motion to stay, Trinidad y Garcia v. Benov (C.D. Cal. Mar. 3, 2008).
7. U.S. Statement to Sixth Committee on the International Law Commission Report (Nov. 3, 2008).
8. U.S. agreement with Malta on combating serious crime.
9. Memorandum of justification accompanying the Presidential Report of June 26, 2008, regarding North Korea.
10. Diplomatic notes exchanged between the United States and Switzerland concerning the transfer of Passenger Name Record (“PNR”) data from air carriers operating flights between the United States and Switzerland.
11. Presidential Determination No. 2009-5 with Respect to Foreign Governments’ Efforts Regarding Trafficking in Persons and the Memorandum of Justification (Oct. 17, 2008).
12. Speech by Legal Adviser John B. Bellinger, III, “U.S. Perspectives on International Criminal Justice,” Fletcher School of Law and Diplomacy, Medford, Massachusetts (Nov. 14, 2008).
13. Remarks by Legal Adviser John B. Bellinger, III, “The United States and the International Criminal Court: Where We’ve Been and Where We’re Going,” DePaul University College of Law, Chicago, Illinois (Apr. 25, 2008).

Chapter 4

14. U.S. amicus curiae brief, McKesson v. Iran (D.C. Cir. Feb. 1, 2008).
15. Documents concerning the statement of the Russian Federation accompanying its instrument of ratification of the Agreement among the States Parties to the North Atlantic Treaty and the other States Participating in the Partnership for Peace Regarding the Status of Their Forces:
a. U.S. diplomatic note (Sept. 14, 2007) and enclosed statement of the Russian Federation (including translation of the Department of State).
b. U.S. diplomatic note (Sept. 12, 2008) and enclosed statement of the United States.
16. U.S. Statement to Sixth Committee on the Report International Law Commission (Oct. 31, 2008); see Document 4 supra.
17. U.S. Statement to Sixth Committee on the Report International Law Commission (Oct. 29, 2008).

Chapter 5

18. Letter from Legal Adviser John B. Bellinger, III, to Philippe Couvreur, Registrar, International Court of Justice (Aug. 1, 2008), and attached letter from Governor Perry to Secretary Rice and Attorney General Mukasey (July 18, 2008).
19. Letter from Secretary of State Condoleezza Rice and Attorney General Michael Mukasey to Rick Perry, Governor of the State of Texas (June 17, 2008).
20. Speech by Legal Adviser John B. Bellinger, III, “Enforcing Human Rights in U.S. Courts and Abroad: The Alien Tort Statute and Other Approaches,” (Apr. 8, 2008).
21. a. U.S. Statement of Interest, Mother Doe v. Sheikh Hamdan (E.D. Ky. 2008) (Sept. 5, 2008).
b. Attached letter from Legal Adviser John B. Bellinger, III (Aug. 5, 2008).
22. a. U.S. brief as defendant, Bikini v. United States (Fed. Cir. Apr. 4, 2008).
b. U.S. brief as defendant, John v. United States (Fed. Cir. Apr. 4, 2008).

Chapter 6

23. U.S. observations on the OHCHR/WHO Fact Sheet No. 31 on the Right to Health.
24. U.S. observations on the UN Human Rights Committee’s Draft General Comment 33: Obligations of States Parties under the Optional Protocol to the International Covenant on Civil and Political Rights.
25. U.S. observations on General Comment 33.
26. U.S. observations concerning the UN Committee Against Torture’s General Comment No. 2: Implementation of Article 2 by States Parties.
27. U.S. statement to the General Assembly’s Sixth Committee on the report of the International Law Commission (Nov. 3, 2008); see Document 7 supra.
28. U.S. letter to the Committee on the Rights of the Child (Nov. 24, 2008).
29. U.S. observations concerning Fact Sheet No. 31 on the Right to Health; see Document 23 supra.
30. U.S. observations on the relationship between climate change and human rights (Oct. 7, 2008).
31. U.S. statement at the Food and Agriculture Organization’s Right to Food Forum (Oct. 1, 2008).
32. Preliminary comments on International Organization for Standardization’s working draft document on social responsibility (Mar. 28, 2008).
33. U.S. observations on General Comment No. 2; see Document 26 supra.
34. Statement for the Record on Diplomatic Assurances, Legal Adviser John B. Bellinger, III (June 10, 2008).
35. Ambassador T. Vance McMahan, U.S. Representative to the Economic and Social Council, Statement of Explanation of Vote to the General Assembly Third Committee on the resolution on extrajudicial, summary or arbitrary executions (Nov. 24, 2008).

Chapter 7

36. U.S. statement to Sixth Committee on the International Law Commission Report (Oct. 31, 2008); see Document 4 supra.
37. U.S. statement to Sixth Committee on administration of justice at the United Nations (Oct. 6, 2008).
38. U.S. statement to Sixth Committee on promotion of accountability for crimes committed by UN officials and experts on mission (Oct. 10, 2008).

Chapter 8

39. Certification of Secretary of State Condoleezza Rice pursuant to § 5(a) of the Libya Claims Resolution Act and accompanying memorandum of justification (Oct. 31, 2008).
40. a. U.S. Statement of Interest, Greenbaum v. Islamic Republic of Iran (C.D. Ca. June 9, 2008).
b. Declaration of Lisa J. Grosh, accompanying U.S. Statement of Interest.
41. United States letter brief, In re Assicurazioni Generali, Nos. 05-5602, et al (2d Cir. Oct. 30, 2008).

Chapter 9

42. U.S. brief as appellee, Lin v. United States (D.C. Cir. Dec. 3, 2008); see Document 1 supra.
43. U.S. brief as appellee, Zivotofsky v. Sec’y of State (D.C. Cir. Apr. 4, 2008); see Document 3 supra.

Chapter 10

44. U.S. Statement of Interest, Dorsey v. Gov’t of China (D.D.C. Dec. 31, 2008).
45. U.S. Response to Plaintiffs’ Supplemental Submission, Li Weixum v. Bo Xilai (D.D.C. June 30, 2008).
46. U.S. statement to Sixth Committee on the International Law Commission Report, (Nov. 3, 2008); see Document 7 supra.
47. U.S. diplomatic note to the Ministry of Foreign Affairs of the Republic of Serbia (May 8, 2008).
48. a. Letter from Michael A. Cardozo, Corporation Counsel, the City of New York Law Department, to Secretary of State Condoleezza Rice (Mar. 28, 2008).
b. Letter from Patrick Kennedy, Under Secretary of State for Management, to Michael Cardozo (Apr. 30, 2008).
49. a. U.S. diplomatic note concerning exemption from taxation of official compensation of certain consular employees.
b. Spanish resolution (translated by the Department of State).
50. U.S. letter brief, Brzak v. United Nations (S.D.N.Y. Oct. 2007).

Chapter 11

51. Preclearance agreement amending the Agreement between the Government of the United States of America and the Government of the Kingdom of the Netherlands in respect of Aruba on preclearance.
52.Agreement between the Government of the United States of America and the Government of Ireland on Air Transport Preclearance.
53. U.S. amicus curiae brief, In re: West Caribbean Airways, S.A. (11th Cir. May 2008).
54. U.S. amicus curiae brief, Eid v. Alaska Airlines (9th Cir. July 2008).
55. U.S. submission pursuant to Article 1128, Merrill & Ring Forestry v. Canada (July 14, 2008).

Chapter 12

56. Speech by Legal Adviser John B. Bellinger, III, “The United States and the Law of the Sea Convention,” (Nov. 3, 2008).
57. Remarks by J. Ashley Roach, “The Ice is Melting: Climate Change in the Canadian North Contested Waters: Sovereignty, Security, Strategy” (Mar. 7, 2008).
58. Order Re: Motion to Amend, United States v. Marshalls 201 (D. Guam, May 8, 2008).
59. U.S. statement to International Maritime Organization Council’s 101st session (November 2008).
60. Cooperative Shiprider Agreement between the Government of the United States of America and the Government of the Republic of Palau.
61. Cooperative Shiprider Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia.
62. Agreement between the Government of the United States of America and the Government of the Cook Islands concerning cooperation in joint maritime surveillance operations.
63. Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands concerning cooperation in maritime surveillance and interdiction activities.
64. Agreement between the Government of the United States of America and the Government of the Republic of Kiribati concerning cooperation in joint maritime surveillance operations.
65. Letter of intent, U.S. Coast Guard, U.S. Department of Defense, Secretary of the Navy of the United Mexican States, concerning exchange of information and cooperation in matters of safety and maritime security.
66. Statement of Ashley Roach to ABE-LOS VIII (Apr. 25, 2008).
67. Memorandum of Understanding for Cooperation between the Ministry of Public Security of Costa Rica and the United States Coast Guard Concerning Aeronautical and Maritime Search and Rescue.
68. U.S. amicus response to motion for a salvage award, R.M.S. Titanic, Inc. v. The Wrecked and Abandoned Vessel . . . believed to be the RMS Titanic (E.D. Va. Mar. 17, 2008).
69. U.S. statement to the Scientific and Technical Subcommittee of the Committee on the Peaceful Uses of Outer Space (Feb. 15, 2008).
70. U.S. statement to the Forty-seventh Session of the Legal Subcommittee of the UN Committee on the Peaceful Uses of Outer Space (Apr. 1, 2008).

Chapter 13

71. U.S. diplomatic note concerning proposed UK per-plane duty for flights taking off from UK airports (Apr. 15, 2008).
72. Letter from Ambassador Kristen Silverberg to the Acting Director General of the European Union’s Environment Directorate General, concerning the EU’s proposal to include international civil aviation in the European Union Emissions Trading Scheme (Oct. 30, 2008).
73. IMO Doc. MEPC/58/10/7.
74. Diplomatic notes exchanged between the United States and Canada concerning salmon conservation fishing and research (Dec. 23, 2008).
75. a. Exchange of notes between the United States and the Russian Federation extending the 1988 Agreement between the Government of the United States and the Government of the Russian Federation on Mutual Fisheries Relations.
b. 1988 Agreement.
76. U.S. statement to Sixth Committee on the International Law Commission Report (Oct. 29, 2008); see Document 17 supra.
77. U.S. submission to the International Law Committee concerning the draft articles on the law of transboundary aquifers (May 7, 2008).

Chapter 14

78. U.S. brief, Malewicz v. City of Amsterdam (D.C. Cir. Jan. 31, 2008).
79. Written testimony of Joan Donoghue, Department of State Principal Deputy Legal Adviser, to the Senate Committee on Foreign Relations, on the International Convention against Doping in Sport (May 22, 2008).

Chapter 15

80. U.S. statement to the General Assembly’s Sixth Committee, concerning the draft United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Oct. 20, 2008).
81. U.S. memorandum providing U.S. views on the draft protocol to the 2001 Cape Town Convention on space assets financing (Nov. 15, 2008).

Chapter 16

82. U.S. brief, Emergency Coal. to Defend Educ. Travel v. U.S. Dep’t of the Treasury (D.C. Cir. May 30, 2008).

Chapter 17

No documents for the website in this chapter.

Chapter 18

83. Response to question from chairman of House Subcommittee on Middle East and South Asia from Ambassador David M. Satterfield, with cover letter, March 4, 2008.
84. Written testimony by Legal Adviser John B. Bellinger, III, before the Senate Foreign Relations Committee in support of five treaties (Apr. 25, 2008).
85. U.S. reply brief as appellants, Kiyemba v. Bush (D.C. Cir. Nov. 7, 2008).
86. Unpublished order, Kiyemba v. Bush (D.D.C. Sept. 13, 2005).
87.U.S. supplemental brief on appeal in Kiyemba v. Bush, consolidated with Mamet v. Bush (D.C. Cir. Aug. 21, 2008).
88. U.S. supplemental response brief on appeal, Kiyemba v. Bush, consolidated with Mamet v. Bush (D.C. Cir. Sept. 4, 2008).
89. Resolution of advice and consent, Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Sept. 25, 2008).
90. Memorandum of justification included in the President’s notice of intention to rescind North Korea’s designation as a state sponsor of terrorism; see Document 9 supra.
91. U.S. comments on UNSCR 1810.
92. U.S. legal views on the lack of claimed Russian right to suspend observance of CFE treaty (Dec. 9, 2008).
93. Agreement between the United States of America and the Czech Republic on the Status of United States Forces Present in the Territory of the Czech Republic.
94. Declaration on Strategic Defense Cooperation Between the United States of America and the Czech Republic.