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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 Leich*
Affiliation:
Department of State

Abstract

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Type
Other
Copyright
Copyright © American Society of International Law 1984

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References

1 Dept. of State Daily News Briefing, DPC 6, Jan. 10, 1984, at 1.

2 20 Weekly Comp. Pres. Doc. 22 (Jan. 16, 1984).

3 In addition, a Permanent Observer from the Holy See was accredited to the United Nations in 1964. See UN Press Section Note to Correspondents, No. 3782, Nov. 24, 1972. On July 1, 1978, the General Assembly of the Organization of American States accorded to the Holy See “by virtue of its specific nature on the international scene the status of Permanent Observer to the Organization of American States, on an exceptional basis.” OAS Doc. AG/RES.334 (VIII–0/78).

4 Sec. 134 of the Department of State Authorization Act, Fiscal Years 1984 and 1985, Pub. L. No. 98–164, approved Nov. 22, 1983, 97 Stat. 1017.

5 Daily News Briefing, supra note 1.

1 The Constitution of the United Nations Educational, Scientific and Cultural Organization, concluded at London, Nov. 16, 1945, 61 Stat. 2495, TIAS No. 1580, 4 UNTS 275, was amended by a number of resolutions adopted by the UNESCO General Conference. Resolution II. 1.1 of Dec. 8, 1954, amended, inter alia, Article II of the Constitution by adding paragraph 6, which concerns withdrawal of member states and reads:

Any Member State or Associate Member of the Organization may withdraw from the Organization by notice addressed to the Director-General. Such notice shall take effect on 31 December of the year following that during which the notice was given. No such withdrawal shall affect the financial obligations owed to the Organization on the date the withdrawal takes effect. Notice of withdrawal by an Associate Member shall be given on its behalf by the Member State or other authority having responsibility for its international relations.

22 UST 6157, TIAS No. 3469.

2 Dept. of State File No. P84 0009–2322.

Director-General M’Bow’s reply may be found at American Embassy Paris telegram 8293 to the Dept. of State, Jan. 19, 1984.

3 Dept. of State File No. P84 0009–2326. For a statement on the U.S. withdrawal from UNESCO read by the Department of State’s Deputy Spokesman, Alan D. Romberg, at the daily press briefing on Dec. 29, 1983, see id., No. P84 0009–2328, and the transcript of the briefing, DPC 231, Dec. 29, 1983, at 1.

1 Title II of the Department of State Authorization Act, Fiscal Years 1982 and 1983 incorporated the text of S. 854, 97th Cong., 1st Sess. (1981). See further The Foreign Missions Act of 1982: Hearing Before the Senate Comm. on Foreign Relations, 97th Cong., 1st Sess. (1981).

2 For the Secretary of State’s circular note to the Chiefs of Mission at Washington, dated Oct. 1, 1982, see Dept. of State File No. P82 0152–1219. The Department’s Office of Protocol continues to perform its traditional functions involving relationships with and assistance to foreign missions in the United States.

3 Dept. of State File No. P84 0012–0724.

By a circular note dated June 1, 1983, the Secretary of State notified the Chiefs of Mission that with effect from that date, the Department would require “prior notification of [the] proposed acquisition or disposition of residential property whether by lease or purchase, and whether located in multiple occupancy or single family buildings, if the proposed acquisition is undertaken in the name of the mission or the government of the sending State,” and that “property acquired in the personal name of the occupant remains exempt from this requirement.” Id., No. P84 0012–0722.

1 Pub. L. No. 98–164, approved Nov. 22, 1983, 97 Stat. 1017, 1042.

2 In endorsing the Senate version (S. 1342) of the Department of State Authorization Act, Fiscal Years 1984 and 1985, the Senate Committee on Foreign Relations noted in regard to the proposed Foreign Missions Amendments Act of 1983 that there had been substantial compliance with the Diplomatic Relations Act of 1978 (Pub. L. No. 95–393, approved Sept. 30, 1978, 92 Stat. 808), which had originally imposed a compulsory liability insurance requirement upon the diplomatic community. However, the committee said, insurance policies had been allowed to lapse in some instances; and the purpose of the Amendments Act was to assure that all U.S. citizens injured through the negligence of an individual enjoying diplomatic immunity would have an opportunity to recover compensation for their damages. The committee noted further: “Liability insurance is a reciprocity issue. All U.S. diplomats are required to carry such insurance. All foreign diplomats in the United States should do the same. . . .” S. Rep. No. 143, 98th Cong., 1st Sess. 59 (1983).

3 Dept. of State File No. P84 0012–0454.

1 Dept. of State File No. P83 0033–1632.

The District of Columbia Traffic Adjudication Act of 1978, D.C. Law 2–104, July 1, 1978, effective Sept. 12, 1978, 40 D.C.C. §§601–608, 611–616, 621–626, 631–635, 641–642 (1981 ed.), removed minor traffic offenses from the criminal code and provided for administrative adjudication of such offenses within the District’s Department of Transportation. Implementation of the Act’s decriminalization and administrative adjudication provisions as to foreign mission personnel below the rank of diplomat began on Jan. 29, 1979, one month after the effective date of the Diplomatic Relations Act of 1978, Pub. L. No. 95–393, approved Sept. 30, 1978, 92 Stat. 808. See further 73 AJIL 125–29 (1979):

2 Dept. of State File No. P78 0149–1076.

In regard to traffic offenses of a criminal nature, a clerk at a foreign embassy received a citation for speeding and another for driving under the influence of alcohol. The embassy requested the Department to advise the state authorities that its employee would not be required to appear at a trial on these charges, since he enjoyed immunity from criminal prosecution. The Department did so. In a note dated Jan. 17, 1984, the Department informed the embassy, however, that since the charges, especially that of driving under the influence of alcohol, were “serious transgressions of the law,” the Department wished to know what steps the embassy would take to ensure that similar incidents involving the individual did not recur. Id., No. P84 0011–1656.

1 709 F.2d 593 (9th Cir. 1983).

2 570 F. Supp. 58 (N.D. Cal. 1983).

3 Signed March 27, 1956, 8 UST 2043, TIAS No. 3942, entered into force Dec. 5, 1957. 4 28 U.S.C. §1341 et seq.

5 Shell Petroleum, N.V. v. Franchetti, No. 83–586, 52 U.S.L.W. 3438 (1983).

6 Dept. of State File No. P84 0009–1575, in reply to id., No. P83 0158–2345.