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JGR/Sofaer, Abraham (1 of 3)
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JGR/Sofaer, Abraham (1 of 3)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Sofaer, Abraham (1 of 3) Box: 49 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ THE WHITE HOUSE WASHINGTON March 5, 1985 TO: John Roberts FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT FOR YOURINFORMATION: Please review the check-marked publications. ublications: Note, "Federal Habeas Corpus for State Prisoners: The Isolation Principle," 39 N.Y.U.L. Rev. 78 (1964). With Hon J. Skelly Wright, "Federal Habeas Corpus for State Prisoners: The Allocation of Fact-Finding Responsibility," 75 Yale L.J. 894 (1966). "The Change-of-Status Adjudication A Case Study of the Informal Agency Process." 1J. of Legal Studies 349 (1972). "Judicial Control of Informal Discretionary Adjudication and Enforcement," 72 Colum. L. Rev. 1293 (1972). "Financing Public Education in New York State: An Analysis of the Fleischmann Commission Report," 48 N.Y.U.L. Rev. 1 (1973). Book Review, "R. Berger, Executive Privilege: A Constitutional Myth," 88 Harv. L. Rev. 281 (1974). With Joann Engelke Macbeth, "Recent Developments in Local Government," The Urban Lawyer 1 (1975). Executive Privilege: An Historical Note," 75 Colum. L Rev. 1318 (1975). War. Foreign Affairs and Constitutional Power: The Origins (1976). "The Presidency, War and Foreign Affairs: Practice Under the Framers," 1976 Law and Contemp. Prob. 12. Executive Power and the Control of Information: Practice Under the Framers," 1976 Duke L.J. 1. Brainerd Currie Lecture, Duke University School of LEW. Book Review, "Henry J. Bourguinon. The First Federal Court: The Federal Appellate Prize Court of the American Revolution, 1775-1787," Am. Hist. Rev., Dec. 1978, PP. 1339-40. "The Science Court: Unscientific end Unsound," 9 Env. Law 1(1979). "Emergency Power and the HeΓo of New Orleans," 2 Cardozo L. Rev. 233 (1981). "Sanctioning Attorneys for Discovery Abuse," 57 St. John's L. Rev. 680 (1983). "Crime and Punishment - - Lessons from the Bible," N.Y.L. Journal, May 15, 1984, p. 1, col 3. - file: abroham Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Alan F. Holmer General Counsel U.S. Trade Representative fate Washington, D.C. 20506 sifaer Dear Alan: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as trade and jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the U.S. Trade Representative to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with. supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the U.S. Trade Representative and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Jim J. Marquez General Counsel Department of Transportation Washington, D.C. 20590 Dear Mr. Marquez: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Department of Transportation to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of Transportation and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable J. Michael Farrell General Counsel Department of Energy Washington, D.C. 20585 Dear Mr. Farrell: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Department of Energy to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of Energy and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Chapman B. Cox General Counsel Department of Defense Washington, D.C. 20301 Dear Mr. Cox: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised) : The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Department of Defense to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of Defense and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Robert M. Kimmitt General Counsel Department of The Treasury Washington, D.C. 20220 Dear Mr. Kimmitt: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as trade and jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Department of the Treasury to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of the Treasury and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Daniel L. Goelzer General Counsel Securities and Exchange Commission Washington, D.C. 20549 Dear Mr. Goelzer: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised) : The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as trade and jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Commission to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Commission and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer CC: Mr. Gary Lynch United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable Douglass Riggs General Counsel Department of Commerce Washington, D.C. 20230 Dear Mr. Riggs: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. As the enclosed table of contents indicates, the Restatement touches on matters of concern to the Government generally, such as trade and jurisdiction to enforce our laws regarding persons or conduct abroad. Therefore, I would like to invite the Department of Commerce to join with us and other federal agencies in developing a set of final suggestions for modifications in the Restatement, to reduce any potential difficulties for the government and improve this potentially influential publication. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of Commerce and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer United States Department of State The Legal Adviser Washington, D.C. 20520 August 8, 1985 The Honorable D. Lowell Jensen Deputy Attorney General Department of Justice Washington, D.C. 20530 Dear Lowell: As a result of the requests made by Attorney General Meese and Acting Secretary of State Kenneth Dam in April, the American Law Institute (ALI) has delayed final promulgation of the Restatement (Revised): The Foreign Relations Law of the United States until May 1986 and has just distributed a comprehensive draft. The ALI deadline for filing comments on the draft is December, 1985. I plan to have the State Department's review of it completed in early September, in order to maximize the opportunity to work with the Restatement Reporters and the ALI Council this fall on any specific changes called for. We are focussing on precise suggested drafting changes for the black letter and commentary, with supporting legal argument and authority. Suggestions to correct or improve the Reporters' Notes are of secondary importance, since these are not voted on or adopted by the ALI. I would welcome the views of the Department of Justice and its assistance in a coordinated effort to seek any modifications which are called for. David Small, Assistant Legal Adviser for Economics, Business and Communications Affairs (632-0242) is coordinating this effort for my office. Sincerely, Abraham D. Sofaer Cleared: L - EVerville DS Drafted:L/EBC:DSmall 8/6/85 632-0242 0350Q RESTATEMENT OF FOREIGN RELATIONS LAW (REVISED) COMPREHENSIVE TABLE OF CONTENTS Section Vol. 1 Reference Foreword xi - Introduction to Revised Restatement 1 1. Foreign Relations Law of the United States 5 PART I INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW CHAPTER 1 INTERNATIONAL LAW: CHARACTER AND SOURCES Introductory Note 17 101. International Law Defined 25 102. Sources of International Law 28 103. Evidence of International Law 43 CHAPTER 2 STATUS OF INTERNATIONAL LAW AND AGREEMENTS IN UNITED STATES LAW Introductory Note 49 131. International Law and Agreements as Law of the United States 52 132. Determination and Interpretation of International Law: Law of the United States 71 133. International Law and Agreements in Courts in the United States 74 134. Interpretation of Federal Statute in Light of International Law or Agreement 76 135. Inconsistency Between International Law or Agreement and Do- mestic Law: Law of the United States 17 PART II PERSONS IN INTERNATIONAL LAW Introductory Note 85 xi Section Reference CHAPTER 1 STATES 201. State Defined 87 Subchapter A. Recognition or Acceptance of States and Governments 202. Recognition or Acceptance of States 92 203. Recognition or Acceptance of Governments 101 204. Authority as to Recognition and Diplomatic Relations: Law of the United States 108 205. Effect of Non-Recognition: Law of the United States 110 Subchapter B. Capacities, Rights and Duties of States 206. Capacities, Rights and Duties of States 113 207. Attribution of Conduct to States 117 Subchapter C. Succession of States 208. Succession of States 121 209. State Succession: State Property and Contracts 124 210. State Succession: International Agreements 131 Subchapter D. States and Individual or Corporate Nationality 214. Nationality of Individuals 140 215. Nationality and Citizenship of Individuals: Law of the United States 147 216. Nationality of Corporations 152 CHAPTER 2 INTERNATIONAL ORGANIZATIONS Introductory Note 163 217. International Organization Defined 164 218. Membership in International Organizations 168 219. International Organizations: Capacities, Rights and Duties 172 PART III INTERNATIONAL AGREEMENTS Introductory Note 179 CHAPTER 1 INTERNATIONAL AGREEMENTS: DEFINITION, NATURE AND SCOPE 301. Definitions 188 302. Scope of International Agreements: Law d the United States 195 xii Section Reference 303. Authority to Make International Agreements: Law of the United States 206 CHAPTER 2 THE MAKING OF INTERNATIONAL AGREEMENTS 311. Capacity and Authority to Conclude International Agreements 225 312. Entry into Force of International Agreements 230 313. Reservations 245 314. Reservations and Understandings: Law of the United States 258 CHAPTER 3 EFFECT AND INTERPRETATION OF INTERNATIONAL AGREEMENTS 321. Binding Force of Agreement 264 322 Scope of Agreement: Time and Territory 266 323. Successive International Agreements 264 324. Effect of International Agreements for Non-Party States 271 325. Interpretation of International Agreements 276 326. Authority to Interpret International Agreements: Law of the United States 287 CHAPTER 4 INVALIDITY AND TERMINATION OF INTERNATIONAL AGREEMENTS 331. Invalidity of Consent to International Agreement 293 332. Termination or Denunciation of International Agreement 301 333. Suspension of Operation of International Agreement 306 334. Amendment or Modification of International Agreement 309 335. Material Breach of International Agreement 314 336. Fundamental Change of Circumstances 318 337. Procedure with Respect to Invalidity, Termination, or Suspension of Agreement 326 338. Consequences of Invalidity, Termination, or Suspension of Agreement 329 339. Authority to Modify, Suspend, or Terminate International Agree- ment: Law of the United States 333 Vol. 2 PART IV JURISDICTION AND JUDGMENTS Introductory Note 334 401. Categories of Jurisdiction 342 xiii Section Reference CHAPTER 1 JURISDICTION TO PRESCRIBE Subchapter A. Principles of Jurisdiction to Prescribe Introductory Note 345 402. Bases of Jurisdiction to Prescribe 348 403. Limitations on Jurisdiction to Prescribe 355 404. Universal Jurisdiction to Define and Punish Selected Offenses 868 Subchapter B. Principles of Jurisdiction Applied Introductory Note 372 411. Jurisdiction to Tax: The Basic Rule 373 412. Jurisdiction to Tax: Basic Rule Applied 375 413. Limitations on Double Taxation: Law of the United States 384 414[418] Jurisdiction with Respect to Activities of Foreign Branches and Subsidiaries 388 415. Jurisdiction to Apply Antitrust Laws: Law of the United States bboy 416. Jurisdiction over Securities Transactions: Law of the United States 421 CHAPTER 2 JURISDICTION TO ADJUDICATE Introductory Note 431 421.[441] Jurisdiction to Adjudicate 432 422.[442] Jurisdiction to Adjudicate in Criminal Cases: Law of the United States 442 423[443] Jurisdiction to Adjudicate in Aid of Universal and Other Non- Territorial Crimes 419 CHAPTER 3 JURISDICTION TO ENFORCE Introductory Note 451 431. Jurisdiction to Enforce 452 432. External Measures in Aid of Enforcement of Criminal Law 462 433. External Measures in Aid of Enforcement of Criminal Law: Law of the United States 468 CHAPTER 4 CONFLICTS OF JURISDICTION Introductory Note 477 436.[419] Foreign Government Compulsion 477 437.[420] Requests for Disclosure and Foreign Government Compul- sion: Law of the United States 487 xiv Section Reference CHAPTER 5 IMMUNITY FROM JURISDICTION Subchapter A. Immunity of Foreign States from Jurindiction to Prescribe Introductory Note 509 441.[445] Immunity of Foreign States from Jurisdiction to Prencribe 511 442.1461 Immunity of Foreign States from Jurisdiction to Tax 521 Subchapter B. Immunity of Foreign States from Jurisdiction to Adjudicate Introductory Note 529 451. Immunity of Foreign States from Jurisdiction to Adjudicate: The Banic Rule 535 452 Claims against States and State Instrumentalities J38 452. Claims Arising out of Commercial Activity 541 454. Claims in Tort 547 455. Claims Concerning Property 550 456. Waivers of Immunity 556 457. Commencement and Venue of Action against Foreign State or Instrumentality: Law of the United States 564 458. Actions in Courts of States of the United States 571 459. Default Judgments against Foreign States: Law of the United States 574 400. Execution and Other Means of Enforcement of Judgments against Foreign States: Law of the United States 577 Subchapter C. Immunity of Foreign States from Jurisdiction to_Enforce 461. Immunity of Foreign States from Non-Judicial Enforcement 583 Subchapter D. Diplomatic and Consular Immunities Introductory Note 587 162[461] Immunity of Diplomatic Agents of Other States 590 463.[462] Immunity of Consular Personnel of Other States 608 464.[463] Immunity of Diplomatic or Consular Premises, Archives, Doe- uments and Communications 619 Subchapter E. Immunity of International Organizations Introductory Note 629 465.[464] Immunity of International Organizations 631 466.[465] Immunity of Premises, Archives, Documents and Communi- cations of International Organizations 643 467.[466] Immunity of Officials of International Organizations 651 468.[467] Immunity of Permanent Representatives to International Organizations 659 CHAPTER 6 THE ACT OF STATE DOCTRINE 469.[428] Act of State Doctrine: Law of the United States 667 470.[429] Act of State Doctrine: Statutory Exception 686 XV Section Reference CHAPTER 9 INTERNATIONAL COOPERATION IN ADJUDICATION AND ENFORCEMENT Subchapter A. Judicial Assistance Introductory Note 695 471.[481] Service of Process in Foreign State 699 472[482] Service of Process in Foreign State: Law d the United 705 States 478.[483] Obtaining Evidence in Foreign State 711 474.[484] Obtaining Evidence in or for Use in Foreign State: Law of the United States 725 Subchapter B. Extradition Introductory Note 736 476.[486] Extradition Between States: The Basic Rule 739 477.[487] Grounds for Refusal of Extradition 748 478.(488) Doctrine of Specialty 762 479.[489] International Extradition Procedure: Law d the United States 766 CHAPTER 8 FOREIGN JUDGMENTS AND awards Introductory Note 777 Subchapter A. Foreign Judgments: Law d the United States 481.[491] Recognition and Enforcement of Foreign Judgments 781 482.[492] Grounds for Non-Recognition of Foreign Judgments 7.92 483.[493] Recognition and Enforcement of Tax and Penal Judgments 802 484.[494] Recognition of Foreign Divorce Decrees 807 485.[495] Recognition and Enforcement d Foreign Child Custedy 812 Orders 486.[496] Recognition and Enforcement of Foreign Support Orders 818 Subchapter B. Foreign Arbitral Agreements and Awards 487.[497] Recognition and Enforcement of Foreign Arbitral Agree- 823 ments and Awards 488.[496] Grounds for Non-Recognition of Foreign Arbitral Awards 834 Vol. 3 PART V THE LAW OF THE SEA Introductory Note 839 xvi Section Reference CHAPTER 1 SHIPS 501. Nationality of Ships 847 502. Rights and Duties of Flag State 863 CHAPTER 2 RIGHTS AND DUTIES OF COASTAL AND PORT STATES 511. Coastal State Authority in Zones of Adjacent See 875 512 Coastal State Sovereignty over Territorial Sea 895 518. Passage Through Territorial Sea, Straits, and Archipelagic Waters 909 514. Exclusive Economic Zone 429 515. Continental Shelf 948 516. Delimitation of Territorial Sea 958 517. Delimitation of Exclusive Economic Zone and Continental Shelf 960 CHAPTER 8 HIGH SEAS 521. Freedom of the High Seas. 471 522. Enforcement Jurisdiction over Foreign Ships on High Seas. 980 523. Exploitation of Mineral Resources of Deep Sen-Bed 990 PART VI THE LAW OF THE ENVIRONMENT Introductory Note 1005 601. State Obligations with Respect to the Environment of Other States and the Common Environment 1011 602. Remedies for Violation of Environment Obligations 1027 603. Responsibility for Marine Pollution. 1035 604. Remedies for Marine Pollution lody PART VII PROTECTION OF PERSONS (NATURAL AND JURIDICAL) Introductory Note 1055 xvii Section Reference CHAPTER 1 INTERNATIONAL LAW OF HUMAN RIGHTS 701. Obligation to Respect Human Rights 1067 702. Customary International Law of Human Rights 1078 703. Remedies for Violations of Human Rights Obligations 1095 CHAPTER 2 INJURY TO NATIONALS OF OTHER STATES 711. State Responsibility for Injury to Nationals of Other States 1105 712. Economic Injury w Nationals of Other States 1121 713. Remedies for Injury to Nationals of Other States 1144 CHAPTER 3 INDIVIDUAL RIGHTS IN FOREIGN RELATIONS: LAW OF THE UNITED STATES 721. Applicability of Constitutional Safeguards 1159 722. Rights of Aliens 1175 PART VIII SELECTED LAW OF INTERNATIONAL ECONOMIC RELATIONS Introductory Note 1197 CHAPTER 1 LAW OF INTERNATIONAL TRADE Introductory Note 1199 801. Definitions 1204 802. Most-Favored-Nation Treatment as to Imports 1207 803. Commitment to Tariffs Bound by International Agreement 1210 804. Quantitative Restrictions on Imports 1215 805. Indirect Barriers to Imports 1218 806. Subsidies and Countervailing Duties 1222 807. Dumping and Anti-Dumping Duties 1228 808. Emergency Action to Protect Domestic Producers 1231 809. Customs Unions and Free Trade Areas 1234 810. Developing States 1238 811. Commodity Agreements 1241 812 Export Controls 1243 xviii Section Reference CHAPTER 2 INTERNATIONAL MONETARY LAW Introductory Note 1547 821.[851] Obligations of Member States of the International Monetary Fund 1250 822.[852] Exchange Controls and Exchange Contracts in Courts of Member States 1262 823.[853] Obligations in Foreign Currency: Law of the United States 1271 PART IX REMEDIES FOR VIOLATIONS OF INTERNATIONAL LAW Introductory Note 1281 901. Obligations Resulting from Breach of International Law 1285 902. Inter-State Claims and Remedies 1291 903. International Court of Justice 1306 904. Inter-State Arbitration 1327 905. Unilateral Remedies 1334 906. Private Remodies for Violations of International Law 1350 907. Private Remodies for Violations of International Law: Law of the United States 1354 xix