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Digest of United States Practice in International Law 2005 

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The Office of the Legal Adviser is pleased to make the 2005 Digest, which was published previously in print, available in PDF format. Please click on the first link below to access the full text. Following the link to the full text, under List of Documents, electronic versions of certain documents excerpted in the 2005 Digest are provided. The documents provided below are not readily available in hard copy or retrievable elsewhere in electronic format.

List of Documents

Chapter 1

1. Documents related to determination of adverse foreign policy consequences in release of individual held for deportation.
2. U.S. submission to the Inter-American Commission on Human Rights concerning claims related to Mariel Cubans.
3. U.S. statement to UN General Assembly Sixth Committee on Expulsion of Aliens and Responsibility of International Organizations.

   Chapter 2

4. President’s determination (Feb. 28, 2005) regarding U.S. response to the Avena decision in the ICJ.
5. Secretary of State notification to UN of U.S. withdrawal from Optional Protocol to the Vienna Convention of Consular Relations.
6. U.S. Department of State Legal Adviser-designate response to question concerning the effect of U.S. withdrawal in 5.
7. Letter from U.S. Attorney General to Texas State Attorney General regarding effect of withdrawal in 5.
8. U.S. amicus curiae brief to the Court of Criminal Appeals of Texas in Medellin v. Dretke.
9. U.S. amicus curiae brief to the U.S. Court of Appeals for the Seventh Circuit in Jogi v. Voges.
10. Deputy Director, Office of Children’s Issues, U.S. Department of State, analysis of U.S. practice in parental child abduction cases.
11. U.S.-Vietnam adoption agreement.
12. Remarks at the signing of U.S.-Vietnam adoption agreement. 
    12A. U.S.-Lebanon MOU re parental access to children
    

     

    Chapter 3

13. Testimony by Deputy Legal Adviser, Department of State, to Senate Foreign Relations Committee regarding certain bilateral law enforcement treaties.
14. Testimony by Director of Office of International Affairs, Criminal Division, Department of Justice, to SFRC on same as 13.
15. Written responses by the Departments of State and Justice to questions submitted by SFRC following hearing in 13.
16. U.S. brief in Mironescu v. Rice, 1:05CV00683 M.D.N.C.
17. U.S. brief to the U.S. Court of Appeals for the Third Circuit in Hoxha v. Levi, 371 F. Supp. 2d 651 (E.D. Pa. 2005)
18. Letter from U.S. Department of Justice to Australia Attorney-General’s Department regarding U.S.-Australia Extradition Treaty.
19. U.S. Opposition to Rehearing and Rehearing En Banc in the Ninth Circuit in United States v. Afshari, 426 F.3d 1150 (9th Cir. 2005).
20. Model U.S. diplomatic note used in bilateral agreements concerning U.S. support for non-lethal aerial counter-narcotics efforts.
21. Maritime and air counter narcotics agreement in Caribbean.
22. List of maritime counter narcotics law enforcement agreements signed by the United States as of August 2005.
23. Remarks of the Department of State Legal Adviser, “The Importance of the Rule of Law in Preventing Conflict and Rebuilding Societies.”

    Chapter 4

24. U.S. Statement to Sixth Committee regarding Shared Natural Resources/ Unilateral Acts of States/ Reservations to Treaties (Nov. 18, 2005).
25. Statements by U.S. and UK Ambassadors following adoption of UNESCO resolution (May 12, 2005).
26. State Department Legal Adviser’s remarks “Transatlantic Approaches to the International Legal Regime in an Age of Globalization and Terrorism.”
27. U.S. letter to the Western and Central Pacific Fisheries Commission (“WCPFC”) concerning U.S. participation as a cooperating non-member.
28. See Document 24.
29. U.S. Statement to the International Law Commission concerning the Effect of Armed Conflict on Treaties and other topics (Nov. 29, 2005).

    Chapter 5

30. U.S. supplemental brief in United States of America ex rel. DR, Inc. v. Custer Battles, LLC, 376 F. Supp. 2d 617 (E.D. Va. 2005).
31. U.S. supplemental brief in Igartua de la Rosa v. United States, 417 F.3d 145 (1st Cir. 2005) on the voting rights of U.S. citizens residing in Puerto Rico.

     

    Chapter 6

32. U.S. statement concerning draft International Convention for the Protection of All Persons from Enforced Disappearances.
33. U.S. Statement of Interest in Presbyterian Church of Sudan v. Talisman Energy, Inc., 374 F. Supp. 2d 331 (S.D.N.Y. 2005).
34. U.S. amicus curiae brief in the Second Circuit in South African Apartheid Litigation.

    Chapter 7

35. See Document 3.
36. Agreement between the U.S. and the Organization of American States regarding OAS General Assembly held in Florida (March 24, 2005).

    Chapter 8

37. Unpublished final order and judgment in Rosner v. United States, Case No., 01-1859-CIV-SEITZ (Sept. 30, 2005).
38. Secretary of State report on U.S.-German agreement concerning the Foundation “Remembrance, Responsibility, and the Future.” (Sept. 2005).
39. U.S. Statement of Interest filed in In re “Agent Orange” Prod. Liab. Litig., 373 F. Supp. 2d 7 (E.D.N.Y. 2005).

    Chapter 9

     

    No documents for this chapter.

    Chapter 10

40. U.S. amicus curiae brief in the Eleventh Circuit in Belize Telecom, Ltd. v. Belize.
41. U.S. Statement of Interest in Ungar v. Palestine Liberation Organization, 402 F.3d 274 (1st Cir. 2005).
42. Unpublished memorandum order in Rafii v. Iran, No. 01-850 (D.D.C. 2005).
43. U.S. Statement of Interest in Copelco Capital v. Brazilian Consulate General, C 98-1357 VRW (D.C.N.D. Cal. 2005).
44. U.S. Suggestion of Immunity n Doe v. Roman Catholic Diocese of Galveston-Houston, 408 F. Supp. 2d 272 (S.D. Tex. 2005).
45. U.S. Statement of Interest filed in EAW Group, Inc. v. Gambia, Civ. Action No. 1:02CV-2425(GK)(AK)(D.D.C.).
46. Unpublished order in Copelco Capital v. Brazilian Consulate General, C 98-1357 VRW (D.C.N.D. Cal. 2005).
47. U.S. diplomatic note concerning exemption to Greater London (Central Zone) Congestion Charging Order 2001.

    Chapter 11

48. U.S. proposal for WTO Ministerial Conference in Hong Kong on agriculture negotiations (Oct. 10, 2005).

    Chapter 12

49. Written exchange between Senator Richard Lugar and then National Security Adviser Condoleezza Rice.
50. Department of State Bureau of Oceans and International Environmental and Scientific Affairs, letter concerning deepwater port in the Gulf of Mexico.

    Chapter 13

51. U.S. diplomatic note to the Secretary-General of the International Maritime Organization and U.S. implementation plan.
52. See Document 24.

    Chapter 14

53. Deputy Assistant Legal Adviser for Treaty Affairs statement on UNESCO International Convention against Doping in Sport.

    Chapter 15

54. Department of State Legal Adviser address regarding the exercise of extraterritorial jurisdiction by domestic courts, primarily as practiced by the U.S.
55. Address by attorney-adviser, Office of the Assistant Legal Adviser for Private International Law (“PIL”), regarding draft UNCITRAL carriage of goods convention.
56. U.S. statement on adoption of UN Convention on the Use of Electronic Communications in International Contracts.
57. Attorney-Adviser, PIL, letter to UNCITRAL concerning draft protocol for space equipment finance.
58. Attorney-Adviser, PIL, memorandum for ABA section concerning developments in private international commercial law.
59. Director, Directorate of Overseas Citizens Services, Bureau of Consular Affairs, concerning service of process in the Russian Federation.

    Chapter 16

    No documents for this chapter.

    Chapter 17

60. Israel-Palestinian Authority agreement on movement and access and Agreed Principles for Rafah Crossing.

    Chapter 18

61. Department of State Legal Adviser address, “Transatlantic Approaches to the International Legal Regime in an Age of Globalization and Terrorism.”
62. Legal Adviser remarks at the Symposium in Honor of Edward R. Cummings on Lawyers and Wars.
63. Legal Adviser address to International Institute of Humanitarian Law in San Remo (Sept. 9, 2005).
64. U.S. response to inquiry by UN Commission on Human Rights Special Rapporteurs pertaining to Guantanamo detainees.
65. Unpublished decision of the U.S. District Court for the District of Columbia in El-Mashad v. Bush, No. 05-0270.
66. Declaration of Assistant Legal Adviser on publication of photographs of detainees and U.S. obligations under the Geneva Conventions.
67. Legal Adviser statement on adoption of protocol providing for additional distinctive emblem (“Protocol III”) to the Geneva Conventions.
68. Joint Compliance and Inspection Commission (“JCIC”) Joint Statement 38 (2005).
69. JCIC Agreement Numbers 52 and 53 (2005).
70. JCIC Agreement Number 54 (2005).
71. JCIC Joint Statement Number 39 (2005).
72. Unclassified portion of JCIC Joint Statement Number S-21 (2005).
73. “Proliferation Security Initiative (PSI): Countering Proliferation by Sea”: paper presented to conference in Xiamen, China (March 2005).
74. Text of 2005 Protocol to the UN Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (“SUA”).
75. Text of related Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf.