Description
Book SynopsisCo-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser''s Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.Featured in the 2009
Table of ContentsPreface Introduction Note from the Editor Chapter 1 Nationality, Citizenship and Immigration A. NATIONALITY AND CITIZENSHIP B. PASSPORTS C. IMMIGRATION AND VISAS Chapter 2 Consular and Judicial Assistance and Related Issues A. CONSULAR NOTIFICATION, ACCESS, AND ASSISTANCE B. CHILDREN Chapter 3 International Criminal Law A. EXTRADITION AND MUTUAL LEGAL ASSISTANCE B. INTERNATIONAL CRIMES C. INTERNATIONAL, HYBRID, AND OTHER TRIBUNALS Chapter 4 Treaty Affairs A. GENERAL B. CONCLUSION, ENTRY INTO FORCE, RESERVATIONS, APPLICATION, AND TERMINATION A. SELF-EXECUTING AND NON-SELF-EXECUTING TREATIES C. ROLE IN LITIGATION Chapter 5 Foreign Relations A. EXECUTIVE-LEGISLATIVE SEPARATION OF POWERS B. CONSTITUTIONALITY OF STATE LEGISLATION CONCERNING FOREIGN AFFAIRS MATTERS C. INTERLOCUTORY APPEALS PREDICATED UPON FOREIGN RELATIONS IMPACT D. ALIEN TORT CLAIMS ACT AND TORTURE VICTIM PROTECTION ACT Chapter 6 Human Rights A. GENERAL B. DISCRIMINATION C. CHILDREN D. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS, AND SIMILAR ISSUES E. INDIGENOUS ISSUES F. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT G. JUDICIAL PROCEDURE, PENALTIES, AND RELATED ISSUES H. DETENTION AND MISSING PERSONS I. RULE OF LAW AND DEMOCRACY PROMOTION Chapter 7 International Organizations A. GENERAL B. UNITED NATIONS C. OTHER INTERNATIONAL ORGANIZATIONS Chapter 8 International Claims and State Responsibility A. IRAN-U.S. CLAIMS TRIBUNAL B. LIBYA CLAIMS SETTLEMENT C. NAZI ERA CLAIMS D. REPUBLIC OF THE MARSHALL ISLANDS Chapter 9 Diplomatic Relations, Succession, and Continuity of States A. ICJ ADVISORY OPINION ON KOSOVO'S DECLARATION OF INDEPENDENCE B. U.S. RELATIONS WITH TAIWAN C. EXECUTIVE BRANCH AUTHORITY OVER FOREIGN STATE RECOGNITION AND PASSPORT ISSUANCE Chapter 10 Privileges and Immunities A. FOREIGN SOVEREIGN IMMUNITY B. DIPLOMATIC AND CONSULAR PRIVILEGES AND IMMUNITIES C. OTHER ISSUES OF STATE REPRESENTATION D. INTERNATIONAL ORGANIZATIONS Chapter 11 Trade, Commercial Relations, Investment, and Transportation A. TRANSPORTATION BY AIR B. NORTH AMERICAN FREE TRADE AGREEMENT C. WORLD TRADE ORGANIZATION D. OTHER TRADE AGREEMENTS AND TRADE-RELATED ISSUES E. TELECOMMUNICATIONS F. OTHER ISSUES Chapter 12 Territorial Regimes and Related Issues A. LAW OF THE SEA AND RELATED BOUNDARY ISSUES B. OUTER SPACE Chapter 13 Environment and Other Transnational Scientific Issues A. ENVIRONMENT AND CONSERVATION B. OTHER TRANSNATIONAL SCIENTIFIC ISSUES Chapter 14 Educational and Cultural Issues A. CULTURAL PROPERTY: IMPORT RESTRICTIONS B. PRESERVATION OF AMERICA'S HERITAGE ABROAD Chapter 15 Private International Law A. COMMERCIAL LAW B. FAMILY LAW C. INTERNATIONAL CIVIL LITIGATION Chapter 16 Sanctions A. IMPOSITION AND IMPLEMENTATION OF SANCTIONS B. MODIFICATION OF SANCTIONS AND RELATED ACTIONS C. OTHER ISSUES Chapter 17 International Conflict Resolution and Avoidance A. PEACE PROCESS AND RELATED ISSUES B. PEACEKEEPING AND RELATED ISSUES Chapter 18 Use of Force, Arms Control and Disarmament, and Nonproliferation A. USE OF FORCE B. NONPROLIFERATION, ARMS CONTROL, AND DISARMAMENT Table of Cases Index