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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
Marian Nash Leich*
Affiliation:
Department of State
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Extract

The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.

Type
Other
Information
American Journal of International Law , Volume 83 , Issue 2 , April 1989 , pp. 348 - 352
Copyright
Copyright © American Society of International Law 1989

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References

page 348 note 1 For the text, see Wash. Post, Dec. 15, 1988, at A40, col. 1 (final ed.), N.Y. Times, Dec. 15, 1988, at A19, col. 4 (late city final ed.). The statement had followed an address by PLO Chairman Yasir Arafat before the UN General Assembly at Geneva on Dec. 13, 1988, UN Doc. A/43/PV.78, at 2–37/40 (1989).

page 348 note 2 Palestine National Council, Political Communiqué and Declaration of Independence (Nov. 15, 1988) (the latter declaring “the establishment of the State of Palestine in the land of Palestine with its capital at Jerusalem”). For the texts, see letter from the Permanent Repre sentative of Jordan, Ambassador Abdullah Salah, to the United Nations Secretary-General, Nov. 18, 1988, transmitting as Ann. I, letter from Riyad Mansour, Deputy Permanent Observer of the PLO, to the Secretary-General, Nov. 16, 1988 (enclosing the Political Communique and Declaration of Independence as Anns. II and III, respectively). See further Dept. of State news briefing, DPC No. 208, Nov. 15, 1988, at 1–5.

page 349 note 3 Dept. of State Press Release, No. 257, Dec. 14, 1988, reprinted in Dept. St. Bull., No. 2143, February 1989, at 51.

page 349 note 4 Id. For a statement by President Reagan, Dec. 14, 1988, on the opening of diplomatic talks with the PLO, and informal exchanges with reporters on the subject, Dec. 15, 1988, see 24 Weekly Comp. Pres. Doc. 1625 (Dec. 19, 1988).

page 350 note 1 On Oct. 6, 1988, the House of Representatives had passed H.R. 5069, which, among other things, would have extended (for international purposes), “upon issuance of a proclamation,” the U.S. territorial sea from 3 to 12 nautical miles and the U.S. contiguous zone from 12 to 24 miles. 134 Cong. Rec. H9876 (daily ed. Oct. 7, 1988).

page 350 note 2 54 Fed. Reg. 777 (1989), 24 Weekly Comp. Pres. Doc. 1661 (Jan. 2, 1989).

page 350 note 3 Id.

page 350 note 4 See President Reagan's announcement of July 9, 1982, 1982 Pub. Papers 911.

page 350 note 5 1983 id. at 378.

page 351 note 6 Apr. 29, 1958, 15 UST 1606, TIAS No. 5639, 516 UNTS 205, Art. 24(2).

page 351 note 7 See also 4 M. Whiteman, Digest of International Law 137 (1965) (stating as the general rule, “that baselines follow the low-tide line along the coastline except where there are inland waters”).

page 351 note 8 For the official text of the 1982 Convention, opened for signature Dec. 10, 1982, see United Nations, Official Text of the United Nations Convention on the Law of the Sea with Annexes and Index, UN Sales No. E.83.V.5 (1983).

page 351 note 9 See 54 Fed. Reg. 263 (1989). Under the Chicago Convention, for its purposes, “the territory of a State shall be deemed to be the land areas and territorial waters adjacent theretounder the sovereignty, suzerainty, protection or mandate of such State.” Convention on International Civil Aviation, Dec. 7, 1944, 61 Stat. 1180, TIAS No. 1591, 15 UNTS 295, Art. 2.

page 352 note 1 Treaty for the Settlement of Disputes That May Occur Between the United States of America and Chile, July 24, 1914, 39 Stat. 1645, TS No. 621.

page 352 note 2 Dept. of State daily press briefing, DPC No. 14, Jan. 14, 1989, at 9–11.

page 352 note 3 See United States v. Contreras Sepúlveda, No. 78-00367 (D.D.C. filed Aug. 1, 1978).

page 352 note 4 For subsequent developments in Chile, see N.Y. Times, Jan. 26, 1989, at AI, col. 1 (late city final ed.).