PDF iconDigest of United States Practice in International Law 2001

Key Words

In order to assist readers in locating the full text of documents which are excerpted in the 2001 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. Nationality, Citizenship and Immigration

1. U.S. Department of State telegram to the U.S. Embassy in Beijing concerning determination of U.S. citizenship, September 11, 2000.

2. U.S. Department of State telegram to all U.S. diplomatic and consular posts abroad regarding the Child Citizenship Act of 2000, January 18, 2001.

3. Memorandum of Reasons in Support of Defendants’ Motion to Dismiss, Bowes v. Ashcroft, filed in the United States District Court for the District of Massachusetts, April 13, 2001.

Chapter 2. Consular and Judicial Assistance and Related Issues

4. Letter from William H. Taft, IV, Legal Adviser of the Department of State, to Okalahoma Pardon and Parole Board concerning consideration of a writ of clemency for a Mexican national, June 5, 2001.

5. Letter from William H.Taft, IV, Legal Adviser of the Department of State, to the Governor of Oklahoma concerning consideration of a writ of clemency for a Mexican national, June 13, 2001.

6. Letter from William H.Taft, IV, Legal Adviser of the Department of State, to the Governor of Oklahoma regarding the June 27, 2001 decision by the International Court of Justice in the LaGrand case, July 11, 2001.

7. U.S. Department of State telegram to all U.S. diplomatic and consular posts abroad concerning consular assistance for American nationals abroad, January 1, 2001.

8. U.S. Department of State telegram to all U.S. diplomatic and consular posts abroad on responding to allegations of mistreatment by Americans incarcerated in foreign countries, April 14, 2001.

9. U.S. Department of State telegrams sent to all U.S. diplomatic and consular posts abroad regarding assistance to American victims of serious crimes abroad, December 2001.

10. Letter brief filed by the United States, Diorinou v. Mezitis, filed in the Second Circuit January 5, 2001.

11. U.S. Department of State telegram sent to American posts in Latin America and the Caribbean concerning negotiations for reciprocal enforcement of child support obligations, November 28, 2001.

12. U.S. Department of State telegram sent to American embassies and posts in the Western Hemisphere to explain the implementation of the OAS Convention regarding prison transfers, June 1, 2001.

13. Declaration by Edward A. Betancourt, Director of the Office of Policy Review and Inter-Agency Liaison in the Directorate of Overseas Citizens Services (“OCS”) of the Bureau of Consular Affairs concerning judicial assistance in Brazil in Wheaton v. Porreca and United States v. Porreca, filed in the U.S. District Court for the District of New Jersey, May 24, 2001.

14. Supplemental declaration by Edward A. Betancourt, Director of the Office of Policy Review and Inter-Agency Liaison in the Directorate of Overseas Citizens Services (“OCS”) of the Bureau of Consular Affairs concerning judicial assistance in Brazil in Wheaton v. Porreca and United States v. Porreca, filed in the U.S. District Court for the District of New Jersey, October 29, 2001.

15. U.S. Department of State telegram to all U.S. diplomatic and consular posts abroad concerning medallion stamp guarantees, May 21, 2001.

Chapter 3. International Criminal Law

16. Letter brief signed by Loretta E. Lynch, U.S. Attorney, U.S. Department of Justice, to U.S. Magistrate Judge Viktor Pohorelsky, Borodin v. Ashcroft, filed in the District Court for the Eastern District of New York, March 8, 2001.

17. Letter brief signed by Linda Jacobson, Assistant Legal Adviser for Diplomatic Law and Litigation, to the magistrate judge providing the views of the United States on the inviolability of the Russian Consulate General, Borodin v. Ashcroft, filed in the District Court for the Eastern District of New York, March 8, 2001.

18. Respondent’s Opposition to Petition for Habeas Corpus filed by the United States, Cornejo-Barreto v. Seifert, filed in the District Court for the Central District of California, Southern Division, October 9, 2001.

19. Declaration of Samuel Witten, Assistant Legal Adviser for Law Enforcement and Intelligence, concerning extradition process from the United States to a foreign country in Cornejo-Barreto v. Seifert, filed in the District Court for the Central District of California, Southern Division, October 2001.

20. Report on International Extradition Submitted to Congress Pursuant to Section 3203 of the Emergency Supplemental Act, 2000 as enacted in the Military Construction Appropriations Act, 2001, Public Law 106-246 Relating to Plan Columbia, January 17, 2001.

21. Second Report on International Extradition Submitted to Congress Pursuant to Section 3203 of the Emergency Supplemental Act, 2000 as enacted in the Military Construction Appropriations Act, 2001, Public Law 106-246 Relating to Plan Columbia, July 13, 2001.

22. Third Report on International Extradition Submitted to Congress Pursuant to Section 3203 of the Emergency Supplemental Act, 2000 as enacted in the Military Construction Appropriations Act, 2001, Public Law 106-246 Relating to Plan Columbia.

23. U.S. Petition for Panel Rehearing in National Council of Resistance of Iran v. Department of State, filed in the U.S. Court of Appeals for the District of Columbia, July 23, 2001.

24. Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment in O Centro Espirita Beneficiente Uniao do Vegetal v. Reno, filed in the U.S. District Court for the District of New Mexico, January 25, 2001.

25. Speech of Pierre-Richard Prosper, U.S. Ambassador-at-Large for War Crimes Issues, in The Hague, Netherlands, December 19, 2001.

26. Presentation by D. Stephen Mathias, Assistant Legal Adviser for United Nations Affairs, U.S. Department of State concerning the crime of aggression made to the ICC Preparatory Commission, September 26, 2001.

Chapter 4. Treaties and Other International Agreements

27. Letter of William H. Taft, IV, Legal Adviser of the Department of State to Senator Byron L. Dorgan of North Dakota regarding a Memorandum of Understanding signed by the State of Missouri and the Province of Manitoba, November 20, 2001.

28. Letter of Senator Byron L. Dorgan of North Dakota to William H. Taft, IV, Legal Adviser of the Department of State, requesting an analysis of a Memorandum of Understanding signed by the State of Missouri and the Province of Manitoba.

29. Letter of Robert E. Dalton, Assistant Legal Adviser for Treaty Affairs, U.S. Department of State, providing comments on a proposed Great Lakes Charter Annex by the Great Lakes Council of Governors, June 15, 2001.

30. Legal analysis concerning reservation by Iceland to the International Convention on the Regulation of Whaling.

31. Affidavit of Robert E. Dalton, Assistant Legal Adviser for Treaty Affairs, concerning the Agreement between the United States of America and Canada respecting waiver of certain claims involving government vessels, The Queen v. Panama Canal Commission, filed in the U.S. District Court for the Eastern District of Louisiana, March 11, 2000.

Chapter 5. Federal Foreign Affairs Authority

32. Brief for Defendant/Appellee, United States of America ex rel. James Wood v. American Institute of Taiwan, filed by the United States in the U.S. District Court for the District of Columbia, December 7, 2001.

Chapter 6. Human Rights and Humanitarian Law

33. Letter from the U.S. Department of Justice to Chairman of the Council of Europe’s Committee on Experts on the Criminalisation of Acts of a Racist or Xenophobic Nature Committed through Computer Networks regarding a protocol to the Council of Europe Convention on Cybercrime.

34. Letter from the U.S. Department of State to the Senate Foreign Relations Committee concerning the Optional Protocol on Involvement of Children in Armed Conflict and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, August 29, 2001.

35. United States Motion to Dismiss the Complaint for Failure to State a Claim and for Lack of Subject Matter Jurisdiction, Center for Reproductive Law & Policy v. Bush, filed in the U.S. District Court for the Southern District of New York, June 29, 2001.

36. Brief for Respondent Appellee, Garza v. Lappin, filed in the Seventh Circuit.

37. Brief for Respondent, Garza v. Lappin, filed in the Supreme Court, June 2001.

38. United States Response to the May 1, 2000 Petition to the Inter-American Commission on Human Rights of Michael Domingues, October 18, 2001.

39. Reply of the United States Government to the Report of the Inter-American Commission on Human Rights made on October 15, 2001 regarding Michael Domingues, December 19, 2001.

40. The U.S. Petition for Rehearing, Alvarez-Machain v. United States of America, filed in the Ninth Circuit, October 25, 2001.

41. Letter from William H. Taft, IV, Legal Adviser, to Robert D. McCallum, Jr., Assistant Attorney General, Department of Justice, regarding the impact on U.S. foreign policy of continued litigation, Alexis Holyweek Sarei v. Rio Tinto plc, October 31, 2001.

42. Letter from U.S. District Court Judge Margaret M. Morrow to William H. Taft, IV, Alexis Holyweek Sarei v. Rio Tinto plc, August 30, 2001.

43. Letter from the Government of Papua New Guinea to Susan Jacobs, U.S. Ambassador to Papua New Guinea, Alexis Holyweek Sarei v. Rio Tinto plc., October 17, 2001.

44. U.S. Response to the Inter-American Commission on Human Rights’ decision concerning Mariel Cubans, November 2001.

45. Interpretative statement by Ambassador Roger Noriega regarding the Inter-American Democratic Charter adopted by the Organization of American States, September 6, 2001.

46. U.S. observations on the Preliminary Report adopted by the Inter-American Commission on Human Rights concerning petition of the Statehood Solidarity Committee regarding the status of District of Columbia, December 18, 2001.

Chapter 7. International Organizations and Multilateral Institutions

47. U.S. Comments on the International Law Commission's Draft Articles on the Responsibility of States for Internationally Wrongful Acts, March 1, 2001.

Chapter 8. International Claims and State Responsibility

*48. United States Submission to the Appointing Authority of the Iran-United States Claims Tribunal in Support of its Challenge to Judge Broms, January 4, 2001

*49. United States Submission to the Appointing Authority of the Iran-United States Claims Tribunal in Support of its Challenge to Judge Broms, March 10, 2001

50. Brief for the United States of America in Support of Appellants-Petitioners, In re Henry Duveen, et. al, filed in the Second Circuit, March 30, 2001.

51. U.S. Statement of Interest in Anderman v. Austria, filed in the U.S. District Court for the Central District of California, October 2001.

52. Declaration of Stuart E. Eizenstat, Deputy Secretary of the Treasury, Anderman v. Austria.

53. Statement of Secretary of State Madeleine K. Albright concerning Austrian Reconciliation, Peace and Cooperation Fund, January 19, 2001.

54. U.S. Statement of Interest, Bodner v. Banque Paribas, filed in U.S. District Court for the Eastern District of New York, February 23, 2001.

55. Declaration of Stuart E. Eizenstat, Special Representative of President and Secretary of State on Holocaust Issues, concerning settlement of Holocaust claims against French banks.

56. Joint Statement concerning settlement of Holocaust claims against French banks, January 18, 2001.

57. Executive Agreement between the United States and France concerning settlement of Holocaust claims against French banks, January 18, 2001.

58. Letter from Ambassador J.D. Bindenagel, U.S. Special Envoy for Holocaust issues, to U.S. Senator John H. Adler regarding Holocaust Victim Insurance Claim Registry and Relief Act, March 7, 2001.

59. U.S. Memorandum in Support of Motion to Dismiss, Macharia v. United States, filed in the U.S. District Court for the District of Columbia. As a result of procedural rulings, the U.S. Motion to Dismiss was filed three times. The final version, filed January 28, 2002 and granted by the court, is provided here.

Chapter 9. Diplomatic Relations, Continuity and Succession of States

No documents on this website.

Chapter 10. Immunities and Related Issues

60. U.S. Statement of Interest in Support of Japan’s Motion to Dismiss, Hwang Geum Joo v. Japan, filed in the U.S. District Court for the District of Columbia, April 27, 2001.

61. U.S. Reply Memorandum in Support of United States’ Motion to Vacate Default Judgment and Dismiss Plaintiff’s Claims, Roeder v. Iran, filed in the U.S. District Court for the District of Columbia, November 28, 2001.

62. Surreply Memorandum in Response to Court’s Order of November 30, 2001, Roeder v. Iran, filed in the U.S. District Court for the District of Columbia, December 7, 2001.

63. U.S. brief as amicus curiae, Blaxland v. Commonwealth Director of Public Prosecutions, filed in the Ninth Circuit, December 22, 2000.

64. U.S. brief as amicus curiae in Support of Defendant’s Motion to Vacate Default Judgment, Komet, Inc.v. Republic of Finland, filed in the U.S. District Court, District of New Jersey, December 12, 2001.

65. U.S. Statement of Interest, Walters v. People’s Republic of China, filed in the U.S. District Court for the Western District of Missouri, Southwestern Division, December 13, 2001.

66. U.S. brief as amicus curiae, Magness v. Russian Federation, filed in the Fifth Circuit, May 30, 2000.

67. U.S. Suggestion of Immunity for Robert Mugabe, President of Zimbabwe, and Stan Mudenge, the Zimbabwean Foreign Minister, Tachiona v. Mugabe, filed in the U.S. District Court for the Southern District of New York, February 23, 2001.

68. U.S. Memorandum of Law in Reply to Plaintiffs’ Answering Brief Concerning Defendants’ Immunity, Tachiona v. Mugabe, filed in the U.S. District Court for the Southern District of New York, June 1, 2001.

69. U.S. Memorandum of Law in Support of the United States’ Motion for Reconsideration, Tachiona v. Mugabe, filed in the U.S. District Court for the Southern District of New York, November 16, 2001.

70. U.S. Statement of Interest, Ibeh v. Ibeh, filed in the Maryland Circuit Court for Montgomery County, August 29, 2001.

*71. U.S. Department of State letter concerning privileges and immunities of the Principal Resident Representative of the International Monetary Fund (“IMF PRR”) under the United States-United Nations Headquarters Agreement, April 12, 2001.

72. U.S. diplomatic note sent from the U.S. Department of State to Sweden concerning exemption from real property taxes.

73. U.S. diplomatic note sent from the U.S. Department of State to Jamaica concerning exemption from real property taxes.

74. U.S. diplomatic note to Finland regarding applicability of 1934 bilateral Friendship and Consular treaty to taxation of certain government-owned property.

75. U.S. Statement of Interest, Feng Suo Zhou v. Li Peng, filed in the U.S. District Court for the Southern District Court of New York, June 1, 2001.

Chapter 11. Trade, Commercial Relations, Investment and Transportation

76. Opening Statement of the United States concerning the FSC Repeal and Extraterritorial Income Exclusion Act of 2000, presented to the WTO Appellate Body, November 26, 2001.

Chapter 12. Territorial Regimes and Related Issues

77. U.S. Statements as observer at the Eleventh Meeting of States Parties to UNCLOS from May 14-18, 2001.

78. Presentation by Ambassador Mary Beth West, Deputy Assistant Secretary for Oceans and Fisheries, Department of State, to the Commission on Ocean Policy, November 14, 2001.

79. Letter by Secretary of State Colin Powell responding to the Commission on Ocean Policy’s Resolution urging accession of the United States to the United Nations Law of the Sea Convention, December 12, 2001.

80. Statement by Robert C. Blumberg, U.S. Observer Delegate to the United Nations Education, Social and Cultural Organization (“UNESCO”), October 29, 2001

81. U.S. telegram concerning certain provisions of Maldives law not in conformity with international law as reflected in the 1982 United Nations Convention on the Law of the Sea, June 21, 2001.

82. U.S. Statement, General Exchange of Views, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space at its 40th Session in Vienna from April 2-13, 2001.

83. U.S. Statement, Status of the International Treaties Governing The Use Of Outer Space, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space at its 40th Session in Vienna from April 2-13, 2001.

84. U.S. Statement, Information on the Activities of International Organizations, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space at its 40th Session in Vienna from April 2-13, 2001.

85. U.S. Statement, Definition and Delimitation of Outer Space And The Character And Utilization Of The Geostationary Orbit, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space at its 40th Session in Vienna from April 2-13, 2001.

86. U.S. Statement, UNIDROIT Space Equipment Protocol, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space at its 40th Session in Vienna from April 2-13, 2001.

Chapter 13. Environmental and other Transnational Scientific Issues

87. Agreement Between the Government of the United States of America and the Government of Belize Regarding a Debt-for-Nature Swap to Prepay and Cancel Certain Debt Owed by the Government of Belize to the Government of the United States of America and its Agencies, entered into force August 22, 2001.

88. Defendant’s Memorandum in Opposition to Plaintiff’s Rule 56.1 Motion for Judgment Upon Agency Record filed by the United States, Defenders of Wildlife v. Dalton, filed in the U.S. Court of International Trade, April 27, 2001.

89. U.S. brief as appellant in Turtle Island Restoration Network v. Minetta, filed in the United States Court of Appeals for the Federal Circuit, February 2001.

Chapter 14. Educational and Cultural Issues

No documents on this website.

Chapter 15. Private International Law

90. Speech by Harold S. Burman, attorney-adviser, Office of Private International Law, Office of the Legal Adviser, Department of State, delivered to a convention of the American Bar Association in Chicago, Illinois, entitled “International Harmonization of Private Law: 2001”, August 2001.

91. Memorandum by the Office of Private International Law to members of the Secretary of State’s Advisory Committee on Private International law seeking their views on potential new undertakings in the area of Electronic Commerce.

Chapter 16. Sanctions

No documents on this website.

Chapter 17. International Conflict Resolution and Avoidance

92. Letter from Secretary of State Colin Powell, on behalf of President Bush, endorsing the report of the Sharm el-Sheikh Fact-Finding Committee, May 21, 2001.

93. Framework Agreement with three Annexes concerning the future of Macedonia, signed in Skopje on August 13, 2001.

Chapter 18. Use of Force and Arms Control

94. Diplomatic Note from the United States Embassy to Russia, Belarus, Kazakhstan and Ukraine evidencing the United States’ intent to withdraw from the Anti-Ballistic Missile (“ABM”) Treaty, December 13, 2001.

95. President Putin’s Response to President Bush’s notification of the United States’ intent to withdraw from the ABM treaty, December 13, 2001.

96. Statement by the U.S. Delegation in preparation for the 2001 Review Conference of the Convention on Prohibitions or Restrictions on the Use of Certain Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or have Indiscriminate Effects Review Conference, December 11-21, 2001 in Geneva, Switzerland.

97. Cooperative Threat Reduction Agreement signed by Secretary of State Colin Powell and Uzbek Foreign Minister Abdulaziz, June 5, 2001.

Chapter 19. Response of the United States to Terrorist Attacks

No documents on this website.

-Digest of United States Practice in International Law 2001
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