Hostname: page-component-cd9895bd7-lnqnp Total loading time: 0 Render date: 2024-12-26T17:47:03.691Z Has data issue: false hasContentIssue false

Diplomatic Protection of Foreign Economic Interests: The Changing Structure of International Law in the New International Economic Order

Published online by Cambridge University Press:  02 January 2018

Benoit Otis Brookens*
Affiliation:
U.S. Department of State, Washington, D.C.

Extract

December 12, 1974, the Twenty-ninth General Assembly of the United Nations (1974) passed the long-awaited Charter of Economic Rights and Duties of States by a vote of 120-6-10. This chapter, conceived by Mexican President Echeverría (UNCTAD, 1972) was drafted upon the supposition that definitive legal guidelines on international economic rights would suppress considerably world political-economic tension and protect the rights of all states, especially developing ones (Vanzant, 1974). Although a substantial proportion of the charter was adopted with relatively little controversy during the two years of negotiations, conflicts over key sections were insurmountable and the negotiating committee failed to attain unanimity on its final text. The inability of the working group to reach a consensus did not come as a complete surprise, since during the past decade important concepts embodied in the document had provoked considerable controversy (Haight, 1975).

Type
Research Article
Copyright
Copyright © University of Miami 1978

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Administrative Procedures Act. United States Code (1970) Ed. Public Law 89: 80 U.S. Statutes at Large 378. Washington, DC: Government Printing Office.Google Scholar
American Bar Association, Section on International Law (1974) “United Nations adopts charter of economic rights and duties of states.” International Law News 4: 2 (1975: 5); American Bar Association Resolution adopted August 1974, International Lawyer 9: 405.Google Scholar
American Bar Association, Section on International Law (1963) The Protection of Private Property Invested Abroad. Chicago: American Bar Association.Google Scholar
American Journal of International Law (1961) 55: 566-567.Google Scholar
American Society of International Law (1975) Proceedings of the workshop on the UNCTAD Charter, April 27.Google Scholar
ASOMOAH (1966) The Legal Significance of the Declarations of the General Assembly of the United Nations. New York: Columbia Univ. Press.Google Scholar
Black's Law Dictionary (1968) Minneapolis, MN: West Publishing.Google Scholar
Borchard, (1927) Diplomatic Protection of Citizens Abroad, or the Law of International Claims. New York: Banks Law Publishing.Google Scholar
Borchard, (1913) “Contractual claims in international law.” Columbia Law Rev. 12 (June): 460.Google Scholar
Bros, M. (1972) “Notices pours servis a une theorie de la force obligatoire de droit international” in Ven, Van Der (ed.) Recueil de Melunges. Utrecht, Netherlands: Univ. of Utrecht.Google Scholar
Brower, and Tepe, (1975) “The charter of economic rights and duties of states: a reflection or rejection of international law?International Lawyer 9: 295.Google Scholar
Chadwick, M. L. (1971) “Foreign policy report/Nixon administration debates new position paper on Latin America.” National J. 46, 3: 2238.Google Scholar
Drago, (1907) “State Loans in their relation to international policy.” Amer. J. of International Law 1: 695; U.S. Foreign Relations (1903): 4.Google Scholar
Dunn, F. S. (1932) Diplomatic Protection. Baltimore, MD: Johns Hopkins Univ. Press.Google Scholar
Einhorn, J. (1973) “The Nixon administration's expropriation statement of January 19, 1972: A study of bureaucratic politics.” Washington, DC: Johns Hopkins Univ., School of Advanced International Studies.Google Scholar
Francioni, (1975) “Compensation for nationalization of foreign property: borderland between law and equity.” International and Comparative Law Q. 24: 255.Google Scholar
Gordon, L. (1975) “Resources and interdependence.” Economic Import 4: 20.Google Scholar
Hague Peace Conference (1907) Second; Malloy, Treaties 2: 2248, Article I (1907), 36 U.S. Statutes 2251.Google Scholar
Haight, (1975) “The new international economic order and the charter of economic rights and duties of states.” International Lawyer 9: 591.Google Scholar
Hyde, C. (1945) International Law Chiefly as Interpreted and Applied by the United States. New York: Little, Brown.Google Scholar
International Center for the Settlement of Investment Disputes (1975) Annual Report of the International Center for the Settlement of Investment Disputes. Washington, DC: International Center for the Settlement of Disputes.Google Scholar
International Court of Justice (1970) Barcelona Traction, Light and Power Co., Ltd., Decision cited International Legal Materials (1970) 9: 227.Google Scholar
International Court of Justice (1951) Advisory Opinion: Reservation to the Convention on Genocide, International Court of Justice Report 1951: 15.Google Scholar
Jessup, P. (1973) “Non-universal international law.” Columbia J. of Transnational Law 12: 425.Google Scholar
Journal of World Trade Law (1973): 7.Google Scholar
Kennedy, M. and Gantz, D. (1974) “Establishment of mechanisms of the settlement of economic disputes.” Georgia J. of International Law 5: 145.Google Scholar
Lider, R. (1973) “An old strategist speaks to the young.” Military Rev. 54: 3.Google Scholar
Lissitizyn, O. J. (1936) “The meaning of the term denial of justice in international law.” Amer. J. of International Law 4 (October): 632635.Google Scholar
Mills, B. (1973) Statement before U.S. Congress House Committee on Foreign Affairs, Subcommittee on Foreign Economic Policy, 93rd Congress, 1st Session, June 15.Google Scholar
National Journal (1972) January 22: 141-156.Google Scholar
New York Supreme Court. In re Board of Water Supply of City of New York, 277 NY 452: 14 NE 2nd 789.Google Scholar
Restatement Second of U.S. Foreign Relations Law (1965) American Law Institute. Philadelphia: American Law Institute.Google Scholar
Schwebel, (1973) “The story of the UN delegation of permanent sovereignty over natural resources.” Amer. Bar Assoc. J. 49: 463.Google Scholar
Shea, D. O. (1955) The Clavo Clause. Minneapolis: Univ. of Minnesota.Google Scholar
Shihata, I. (1975) “Distribution embargo of Arab oil: its legality under international law.” Amer. J. of International Law 68: 581.Google Scholar
Shon, and Baxter, (1971) “Second restatement of U.S. foreign relations law,” Article 12. Amer. J. of International Law 55: 545; 566567.Google Scholar
United Nations (1974) Center for Economic and Social Information, Information Note 296, 18 December, 1974, para I, II.Google Scholar
United Nations Conference on Trade and Development [UNCTAD] (1972) 19th Plenary Meeting of April 19, 1972. UNCTAD Proceedings Third Session, UNDOC TD/ 180, vol 1A, Part 1 at 184 (1972).Google Scholar
United Nations Conference on Trade and Development [UNCTAD] (1972a) UNDOC TD/B/SR. 317 Summary Record of 317-335 Meeting.Google Scholar
United Nations Conference on Trade and Development [UNCTAD] (1974a) Report of the UNCTAD Working Group A/C.2L 1404 cited at A/9944 p. 14, English.Google Scholar
United Nations Conference on Trade and Development [UNCTAD] (1974b) Fourth Session of the Working Group on the Charter of Economic Rights and Duties of States, Mexico City, June 10-28, 1974, p. 714.Google Scholar
United Nations General Assembly [UNGA] (1974) Charter of Economic Rights and Duties of States Draft Amendment A/C.2/L 1402 Chapter II, Article 2, Para 2(d).Google Scholar
United Nations General Assembly [UNGA] (1974a) 29th Session 1974, Resolution A/3281 (XXIX), December 9.Google Scholar
United Nations General Assembly [UNGA] (1974b) Resolution on National Sovereignty over National Resources A/Res, 3171 (XXVIII 5 Feb. 1974), 28th Session Agenda Item 12.Google Scholar
United Nations General Assembly [UNGA] (1974c) Reservations of Ethiopia (A/PV.2316 p. 26) and Turkey (A/PV.2316 p. 18-20).Google Scholar
United Nations General Assembly [UNGA] (1974d) Delegates address on the Charter A/PV. 2315-2316, 12 December 1974. United Nations (1974) Report of the Sixth Special Session of the UN General Assembly UNDOC A/9559 Res 3202.Google Scholar
United Nations Secretary General (1973) Report of the Secretary General of the United Nations, UNDOC E/5425, English edition.Google Scholar
U.S. Congress (1967) Fishermen's Protective Act of 1967, as amended 22 USC 1971-78, PL. 90-482 amended the act of August 27, 1954.Google Scholar
U.S. Congress (1961) Foreign Assistance Act of 1961 Section 301(d); 78 stat. 1013 (1964) as amended 22 USCA 2370(3).Google Scholar
U.S. Congress (1948) The Sugar Act of 1948, PL 80-338, 61 stat 933, sec 408, 7 USC 1158.Google Scholar
U.S. Department of State (1975) Selected Documents No. 1, “The challenge of the third world.” Seventh Special Session of the U.N. General Assembly, September 1-12.Google Scholar
U.S. Department of State (1974a) Bureau of Intelligence and Research, “Disputes involving U.S. foreign direct investment July 1, 1971—July 31, 1973.”Google Scholar
U.S. Department of State (1974b) Written response of Assistant Secretary of State T. O. Enders to question. by Senator Lloyd Bentsen, Chairman, Economic Growth Subcommittee, Joint Economic Committee, July 25, 1974.Google Scholar
U.S. President's Policy Statement (1972) White House Policy Statement “Economic assistance and investment security in developing nations,” January 19.Google Scholar
U.S. Senate (1972) Hearings, March, regarding International Activities of the International Telephone and Telegraph Company.Google Scholar
U.S. Supreme Court Reports (1964) United States Supreme Court Volume 376: 398; 428: 29; Supreme Court Reports 84: 923; 940-41; Lawyers Edition 2nd 11(1964): 804.Google Scholar
U.S.-Venezuela Governmental Exchange (1974) “Agreement relating to investment guarantees between the government of the United States and Venezuela.” Exchange of notes at Caracas November 26 and 29, 1962; 14 U.S. Treaties 374; TIAS 5326; 474 UNTS 107. Washington, Dc U.S. Department of State, Bureau of Economic & Business Affairs.Google Scholar
Vanzant, (1974) “Charter on economic rights and duties of states: a solution to the development aid problem?Georgia J. of International Law 5: 441.Google Scholar
Vattel, (1758) The Law of Nations, Classics of International Law. (1920).Google Scholar
Walters, R. S. (1974) “UNCTAD: Intervenor between poor and rich states.” J. of World Trade Law 7: 527.Google Scholar
The Washington Post, June 25, 1971.Google Scholar
White, (1975) “A new international economic order.” International and Comparative Law Q. 24 (July): 544.Google Scholar
Whiteman, M. M. (1967) Digest of International Law 8: 906907; 1216. Washington, DC: U.S. Government Printing Office.Google Scholar