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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 85 , Issue 3 , July 1991 , pp. 539 - 551
Copyright
Copyright © American Society of International Law 1991

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References

Page no 540 note 11 Dept. of State File No. P91 0064-0625/0628.

Articles 11 and 12 of the Treaty on the Establishment of German Unity (Unification Treaty), August 31, 1990, FRG-GDR, read:

Article 11

Treaties of the Federal Republic of Germany

The Contracting Parties proceed on the understanding that international treaties and agreements to which the Federal Republic of Germany is a contracting party, including treaties establishing membership of international organizations or institutions, shall retain their validity and that the rights and obligations arising therefrom, with the exception of the treaties named in Annex 1, shall also relate to the territory specified in Article 3 of this Treaty. Where adjustments become necessary in individual cases, the all-German Government shall consult with the respective contracting parties.

Article 12

Treaties of the German Democratic Republic

(1) The Contracting Parties are agreed that, in connection with the establishment of German unity, international treaties of the German Democratic Republic shall be discussed with the contracting parties concerned with a view to regulating or confirming their continued application, adjustment or expiry, taking into account protection of confidence, the interests of the states concerned, the treaty obligations of the Federal Republic of Germany as well as the principles of a free, democratic basic order governed by the rule of law, and respecting the competence of the European Communities.

(2) The united Germany shall determine its position with regard to the adoption of international treaties of the German Democratic Republic following consultations with the respective contracting parties and with the European Communities where the latter’s competence is affected.

(3) Should the united Germany intend to accede to international organizations or other multilateral treaties of which the German Democratic Republic but not the Federal Republic of Germany is a member, agreement shall be reached with the respective contracting parties and with the European Communities where the latter’s competence is affected.

30 ILM 463, 471–72 (1991).

Article 3 of the Unification Treaty provides that, upon accession (of the German Democratic Republic to the Federal Republic of Germany in accordance with Article 23 of the Basic Law) taking effect (on October 3, 1990), the Basic Law of the Federal Republic of Germany shall enter into force in the Länder of Brandenburg, Mecklenburg-Western Pomerania, Saxony, Saxony-Anhalt and Thuringia, and in that part of Land Berlin where it has not been valid to date, subject to the amendments arising from Article 4 (of the Unification Treaty), unless otherwise provided in the Unification Treaty.

Section 1 of chapter I of Annex I lists the treaties that are excepted from validity in the territory set out in Article 3, in accordance with Article 11. Paragraph 10 reads:

10. Exchange of notes of May 4, 1988, between the Federal Republic of Germany and the Union of Soviet Socialist Republics regarding inspections in relation to the Treaty of December 8, 1987, between the United States of America and the Union of Soviet Socialist Republics for the Limitation of Intermediate and Short-Range Missiles, with Order of May 30, 1988 (BGB1. 1988-II, P. 534)—Order Regarding Inspections under the INF Treaty.

Page no 541 note 11 See 8 U.S.C. §1101(a)(15)(A)(i), (ii), and (G)(i), (iii), (iv); 8 C.F.R. §214.2(a) and (g) (1990).

Page no 541 note 2 The final rule was published in 55 Fed. Reg. 5572–76 (1990). Following the issuance of the interim rule concerning dependent employment, 53 Fed. Reg. 46, 850–55 (1988), the INS had endorsed its Form I–94 ((10-1-85)—Arrival-Departure Record), so that eligible dependents of qualified foreign government and international organization officials would have official verification that they were permitted to work. This process had been intended as only a temporary measure until a standardized uniform employment authorization document could be developed and put into place.

* limited number of dependents permitted to work

* limited basis

Page no 546 note 3 Dept. of State File No. P91 0066-0882/0904.

Page no 548 note 1 Dept. of State File No. P91 0066-0877/0881.

Page no 551 note 1 U.S. Arms Control & Disarmament Agency, CFE: Treaty on Conventional Armed Forces in Europe: Highlights and Background (Nov. 16, 1990), to be found at Dept. of State File No. P91 0064-2228, 2230/2231.