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Digest of United States Practice in International Law 2011
Digest of United States Practice in International Law 2011
Population
China, ...
This volume provides a historical record of developments occurring during calendar year 2011, when the State Department's Office of the Legal Adviser marked its 80th birthday since its creation as a statutory entity.1 For the first time, the State Department is publishing the official version of the Digest exclusively on-line. By publishing the Digest on-line, we seek to make U.S. views on international law more quickly and readily accessible to our counterparts in other governments and international organizations, scholars, students, and other users, both within the United States and around the world. The Arab Awakening presented a variety of challenges for the practice of international law in 2011. In addressing events in Tunisia, Egypt, Libya, Bahrain, and elsewhere, the United States government carefully applied what Secretary of State Hillary Rodham Clinton has called "smart power," utilizing a wide array of foreign policy tools to fit the needs of the particular circumstance. In Libya, the U.S. took a multilateral approach, acting quickly at the UN Security Council to pass historic resolutions that established an arms embargo and sanctions regime and made the first ever unanimous referral to the International Criminal Court. Based on Security Council Resolution 1973's authorization for "all necessary measures" to enforce a no-fly zone, and consistent with the War Powers Resolution, the United States was part of a limited, NATO-led military mission in Libya. Various additional legal issues arose during the U.S. response to the situation in Libya, including those related to securing a protecting power, addressing the situation at the United Nations Human Rights Council, recognizing the new Libyan government, and arranging for funds to be made available to the new government using assets of the former regime that had been frozen pursuant to Security Council resolutions. These issues form a significant part of the discussion in several chapters of the 2011 volume of the Digest. In our approach to counterterrorism, applying smart power has meant a continued commitment to the rule of law. In May 2011, the United States completed a lawful operation that resulted in the death of Usama bin Laden, a legitimate target in our conflict with al-Qaida. The United States continued to pursue other leaders of al-Qaida, while ensuring, consistent with President Obama's direction, that all our actions-even when conducted out of public view-comply with our laws and values. The U.S. government's counterterrorism efforts outside of Afghanistan and Iraq have focused on those individuals who present a significant threat to the United States and whose removal would cause a significant disruption of the plans and capabilities of al-Qa'ida and its associated forces. We have worked to uphold our values and the rule of law in our detention and interrogation policies with regard to terrorism suspects, including pursuing prosecution of detainees through Article III courts and reformed military commissions. In 2011, the United States government repeatedly brought international law to bear in the domestic law context. For example, the Office of the Legal Adviser continued in 2011 to pursue compliance with the International Court of Justice judgment in Avena, by promoting legislation-the Consular Notification Compliance Act-and supporting the request for a Supreme Court stay in a death penalty case involving an Avena defendant. We encouraged domestic courts to weigh international law and foreign policy considerations with suggestions or statements on behalf of the State Department in cases involving the immunity of foreign officials; cases considering the constitutionality of legislation implementing international treaty obligations; cases challenging U.S. state laws concerning immigration; and cases seeking relief outside of the compensation arrangements the United States agreed to with Germany and Austria for claims arising out of World War II. In our initial amicus brief in the U.S. Supreme Court in Kiobel v. Royal Dutch Petroleum, we argued that a corporation can be held liable under the Alien Tort Statute for violations of the law of nations. In the Zivotovsky case, we asked the Supreme Court to respect our long-standing policy to recognize no state as having sovereignty over Jerusalem as a crucial part of our efforts to further the Middle East peace process. Negotiating, joining, and implementing treaties and international agreements remained an important part of U.S. efforts to promote international law in 2011. We secured advice and consent to the Mutual Legal Assistance Treaty with Bermuda and the Bilateral Investment Treaty with Rwanda. In October, we used congressional-executive agreements to adopt free trade agreements with the Republic of Korea, Colombia, and Panama. Also in 2011, the United States signed maritime law enforcement cooperation agreements with Senegal, Nauru, Tuvalu, and Gambia and an agreement with the members of the Arctic Council on aeronautical and maritime search and rescue. The United States actively assisted the 17th Session of the Conference of the Parties to the UN Framework Convention on Climate Change in Durban in launching a process to develop an agreement by 2015 that will apply beginning in 2020. The Obama administration also sought Senate advice and consent for several important treaties in 2011, including protocols to two nuclear weapon free zone agreements; an agreement on preventing illegal, unreported, and unregulated fishing; and Additional Protocol II to the 1949 Geneva Conventions, which contains detailed humane treatment standards and fair trial guarantees that apply in the context of non-international armed conflicts. We continued our active engagement with international bodies that promote greater understanding of customary international law. We commented on and commended the work of the International Law Commission, including its approval of draft articles on the effects of armed conflict on treaties. In 2011, Professor Sean Murphy of the George Washington Law School was elected a Member of the International Law Commission, restoring U.S. membership after several years' absence. We remained a strong supporter of the UN Commission on International Trade Law, which adopted a revised model law on public procurement and a judicial deskbook on cross-border insolvency in 2011. In the area of human rights, the United States continued its active participation in UN processes to review states' records on human rights, including the record of the United States. I had the privilege of making the U.S. presentation to conclude our first Universal Periodic Review at the Human Rights Council. The United States also submitted its Fourth Periodic Report to the UN Committee on Human Rights Concerning the International Covenant on Civil and Political Rights. Our own report on trafficking in persons included for the first time an evaluation of U.S. anti-trafficking efforts. We also achieved some milestones in 2011 in promoting Secretary Clinton's human rights agenda, including passage of landmark Human Rights Council resolution 16/18 on combating discrimination based on religion without limiting freedom of expression, following up by hosting the first meeting of the "Istanbul process" for implementing that resolution. The United States also led the way with initiatives and a Human Rights Council resolution to protect the human rights of lesbian, gay, bisexual and transgender persons, which was echoed in Secretary Clinton's landmark speech on that subject before the Council on Human Rights Day 2011. The release of the U.S. National Action Plan on women, peace, and security and passage of a UN General Assembly resolution introduced by the United States on women's political participation further exemplified the U.S. commitment to promoting human rights. The Office of the Legal Adviser worked closely with colleagues in other bureaus and departments on a broad array of resolutions considered and adopted during the year by the Security Council, the General Assembly, and other UN bodies, including the adoption and implementation of a range of critically important resolutions related to peacekeeping missions and sanctions programs in various countries around the world, including Sudan, Eritrea, Somalia, and CÃ'´te d'Ivoire. In April, the Security Council unanimously adopted Resolution 1977, extending the mandate of the 1540 Committee which promotes implementation of member states' obligations under resolution 1540 to enforce effective measures to counter the proliferation of weapons of mass destruction. In November, the United States joined in a successful General Assembly resolution condemning an Iran-supported terrorist plot against the Saudi ambassador to the United States.
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Digest of United States Practice in International Law 2010
Digest of United States Practice in International Law 2010
Population
Salahi, Democratic People's Republic of Korea, ...
The 2010 Digest provides a historical record of developments that took place during calendar year 2010, illustrating how the United States put our strategic vision of international law into practice. That concept rests on the principle that obeying international law promotes U.S. foreign policy interests and strengthens our international leadership. The United States' active participation in international tribunals and other international bodies formed an important part of our practice in 2010. Over the year, the United States continued to engage with the International Criminal Court while maintaining its active support for other international tribunals. The United States' active engagement with the Court and the parties to the Rome Statute has enabled us to help shape the direction of the Court to ensure that it fulfills its important mandate to bring to justice the perpetrators of mass atrocities. In the area of the law of armed conflict, the United States continued to place priority on ensuring that its detention operations, detainee prosecutions, and operations involving the use of force-including those in the armed conflict with al-Qaeda, the Taliban, and associated forces-are consistent with all applicable law, including international law. In January 2010, an interagency task force established by President Obama completed a comprehensive review of the status of all of the individuals detained at Guantanamo Bay when President Obama assumed office and made consensus determinations about the disposition of each detainee's case consistent with national security, the interests of justice, and the U.S. longstanding policy not to transfer any individual to a country where it is more likely than not he would be tortured. In habeas litigation brought by Guantanamo detainees in U.S. federal court, the United States continued to assert the 2001 statutory Authorization for Use of Military Force ("AUMF") as the basis for the President's detention authority and to make clear that the laws of war would inform the executive branch's interpretation of the AUMF. With respect to detention operations in Afghanistan, the United States continued its rigorous implementation of detainee review procedures established in 2009. Negotiating, joining, and implementing treaties remained another important aspect of U.S. efforts to promote international law in 2010. The Senate provided its advice and consent to ratification of the New START Treaty, which entered into force earlier this year and represented a landmark contribution to the global arms control and nonproliferation regime. In the family law area, the Senate provided its advice and consent to ratification of the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, and the United States signed the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children. The Senate also provided its advice and consent to ratification of two treaties concerning defense trade cooperation with Australia and the United Kingdom. The United States also signed many treaties and agreements, including two new treaties relating to aviation security, the 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the 2010 Beijing Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft, and air transport agreements with the European Union and its Member States and with Japan. U.S. treaty implementation efforts spanned numerous areas, including human rights and consular relations. In December 2010, the United States played a key role in negotiating UN Security Council Resolution 1966, which established an institution known as the residual mechanism to handle the essential functions remaining when the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda conclude their work, including the prosecution of fugitives indicted by the tribunals who remain at large after the two tribunals cease functioning. The Supreme Court issued several noteworthy decisions in 2010 on issues arising in our increasingly globalized world. In Abbott v. Abbott , the Court held that "rights of custody" under the Hague Convention on International Child Abduction include a ne exeat right, which is a parent's right to consent before the other parent removes a child from a country. In the area of foreign sovereign and official immunity, the Court held in Samantar v. Yousuf that the Foreign Sovereign Immunity Act does not govern immunity for foreign officials, making clear that the immunity of individual foreign officials should be determined under the common law instead, and the important role of the executive branch in such determinations.
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U.S. International Trade in Goods and Services
U.S. International Trade in Goods and Services
Foreign Commerce and Aid
Oakland-Pontiac, Harlingen, Meadows, Oklahoma, ...
Monthly report that provides national trade data including imports, exports, and balance of payments for goods and services. Statistics are also reported on a year-to-date basis. Data are continuously compiled and processed. Documents are collected as shipments arrive and depart, and are processed on a flow basis. The BEA uses the data to update U.S. balance of payments, gross domestic product, and national accounts. Other federal agencies use them for economic, financial, and trade policy analysis (such as import/export promotion studies and import/export price indexes). Private businesses and trade associations use them for domestic and overseas market analysis, and industry-, product-, and area-based business planning. Major print and electronic news media use them for general and business news reports.
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Digest of United States Practice in International Law 2002
Digest of United States Practice in International Law 2002
Population
China, capital punishment, psychotropic, ...
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. "In his introduction to the 2002 volume, then Legal Adviser William H. Taft IV stated in part: "Calendar year 2002 gave rise to a broad range of significant and sometimes novel issues of international law. Many developments again highlighted the need to protect our national security against a different kind of enemy through the use of force in self-defense, non-proliferation and arms control efforts, the detention of unlawful enemy combatants and establishment of military commissions, continued counter-terrorism efforts, the imposition of sanctions, and the freezing of governmental assets, sometimes made available for payment of claims by individuals against terrorist states. At the same time, there were notable developments in non-confrontational contexts, including the fields of human rights, trade and investment, law of the sea, international claims and state responsibility, treaty practice, and international crime. . . ."
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Digest of United States Practice in International Law 2003
Digest of United States Practice in International Law 2003
Population
China, capital punishment, psychotropic, ...
The Office of the Legal Adviser publishes the annual Digest of United States Practice in International Law to provide the public with a historical record of the views and practice of the Government of the United States in public and private international law. In his introduction to the 2003 volume, then Legal Adviser William H. Taft IV stated in part: "The year 2003 witnessed a number of significant developments in the field of international law. The military campaign to oust Saddam Hussein and his regime in Iraq and the continuing effort to locate Osama bin Laden and his supporters gave rise to many important legal issues, including those related to the lawful use of force, the response to international terrorism, and compliance with international humanitarian law. Beyond Iraq and Afghanistan, of course, many other situations affecting international security and stability generated complicated and sensitive issues for the world community and its lawyers. . . ." "The year was also marked by a series of significant cases and decisions in domestic courts and international tribunals related to international law and practice. The International Court of Justice in The Hague handed down its decision on preliminary measures in the Avena case brought by Mexico under the Vienna Convention on Consular Relations, as well as its judgment in the Oil Platforms case (Iran v. United States). By agreement the Lockerbie case (Libya v. United States) before the ICJ was discontinued. Ongoing litigation in our domestic courts concerned fundamental issues arising under two important U.S. statutes, the Alien Tort Statute of 1789 and the 1976 Foreign Sovereign Immunities Act. Other cases began to address issues related to the status and rights of detainees in Guantanamo and the United States. Significant decisions were rendered in several cases by NAFTA tribunals. And the United States made several major submissions in government-to-government and interpretative cases pending before the Iran-United States Claims Tribunal. We were also active in bringing and defending claims under the dispute resolution mechanisms of the WTO. . . ."
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