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JGR/Sofaer, Abraham (1 of 3)

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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

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    "mediaId": "28cd1e3f99a82412",
    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: JGR/Sofaer, Abraham\n(1 of 3)\nBox: 49\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nTHE WHITE HOUSE\nWASHINGTON\nMarch 5, 1985\nTO:\nJohn Roberts\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nFOR YOURINFORMATION:\nPlease review the check-marked\npublications.\nublications:\nNote, \"Federal Habeas Corpus for State Prisoners:\nThe Isolation Principle,\" 39 N.Y.U.L. Rev. 78 (1964).\nWith Hon J. Skelly Wright, \"Federal Habeas Corpus for\nState Prisoners: The Allocation of Fact-Finding\nResponsibility,\" 75 Yale L.J. 894 (1966).\n\"The Change-of-Status Adjudication A Case Study of\nthe Informal Agency Process.\" 1J. of Legal Studies\n349 (1972).\n\"Judicial Control of Informal Discretionary\nAdjudication and Enforcement,\" 72 Colum. L. Rev.\n1293 (1972).\n\"Financing Public Education in New York State: An\nAnalysis of the Fleischmann Commission Report,\" 48 N.Y.U.L.\nRev. 1 (1973).\nBook Review, \"R. Berger, Executive Privilege:\nA Constitutional Myth,\" 88 Harv. L. Rev. 281 (1974).\nWith Joann Engelke Macbeth, \"Recent Developments in Local\nGovernment,\" The Urban Lawyer 1 (1975).\nExecutive Privilege: An Historical Note,\" 75 Colum. L Rev.\n1318 (1975).\nWar. Foreign Affairs and Constitutional Power: The Origins\n(1976).\n\"The Presidency, War and Foreign Affairs: Practice Under\nthe Framers,\" 1976 Law and Contemp. Prob. 12.\nExecutive Power and the Control of Information: Practice\nUnder the Framers,\" 1976 Duke L.J. 1. Brainerd Currie\nLecture, Duke University School of LEW.\nBook Review, \"Henry J. Bourguinon. The First Federal Court:\nThe Federal Appellate Prize Court of the\nAmerican Revolution, 1775-1787,\" Am. Hist. Rev., Dec.\n1978, PP. 1339-40.\n\"The Science Court: Unscientific end Unsound,\" 9 Env.\nLaw 1(1979).\n\"Emergency Power and the HeΓo of New Orleans,\" 2\nCardozo L. Rev. 233 (1981).\n\"Sanctioning Attorneys for Discovery Abuse,\" 57 St. John's\nL. Rev. 680 (1983).\n\"Crime and Punishment - - Lessons from the Bible,\"\nN.Y.L. Journal, May 15, 1984, p. 1, col 3.\n-\nfile:\nabroham Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Alan F. Holmer\nGeneral Counsel\nU.S. Trade Representative\nfate\nWashington, D.C. 20506\nsifaer\nDear Alan:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as trade and jurisdiction to enforce\nour laws regarding persons or conduct abroad. Therefore, I\nwould like to invite the U.S. Trade Representative to join with\nus and other federal agencies in developing a set of final\nsuggestions for modifications in the Restatement, to reduce any\npotential difficulties for the government and improve this\npotentially influential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with. supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the U.S. Trade Representative\nand its assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Jim J. Marquez\nGeneral Counsel\nDepartment of Transportation\nWashington, D.C. 20590\nDear Mr. Marquez:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as jurisdiction to enforce our laws\nregarding persons or conduct abroad. Therefore, I would like\nto invite the Department of Transportation to join with us and\nother federal agencies in developing a set of final suggestions\nfor modifications in the Restatement, to reduce any potential\ndifficulties for the government and improve this potentially\ninfluential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of\nTransportation and its assistance in a coordinated effort to\nseek any modifications which are called for. David Small,\nAssistant Legal Adviser for Economics, Business and\nCommunications Affairs (632-0242) is coordinating this effort\nfor my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable J. Michael Farrell\nGeneral Counsel\nDepartment of Energy\nWashington, D.C. 20585\nDear Mr. Farrell:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as jurisdiction to enforce our laws\nregarding persons or conduct abroad. Therefore, I would like\nto invite the Department of Energy to join with us and other\nfederal agencies in developing a set of final suggestions for\nmodifications in the Restatement, to reduce any potential\ndifficulties for the government and improve this potentially\ninfluential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of Energy and\nits assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Chapman B. Cox\nGeneral Counsel\nDepartment of Defense\nWashington, D.C. 20301\nDear Mr. Cox:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised) : The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as jurisdiction to enforce our laws\nregarding persons or conduct abroad. Therefore, I would like\nto invite the Department of Defense to join with us and other\nfederal agencies in developing a set of final suggestions for\nmodifications in the Restatement, to reduce any potential\ndifficulties for the government and improve this potentially\ninfluential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of Defense and\nits assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Robert M. Kimmitt\nGeneral Counsel\nDepartment of The Treasury\nWashington, D.C. 20220\nDear Mr. Kimmitt:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as trade and jurisdiction to enforce\nour laws regarding persons or conduct abroad. Therefore, I\nwould like to invite the Department of the Treasury to join\nwith us and other federal agencies in developing a set of final\nsuggestions for modifications in the Restatement, to reduce any\npotential difficulties for the government and improve this\npotentially influential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of the Treasury\nand its assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Daniel L. Goelzer\nGeneral Counsel\nSecurities and Exchange Commission\nWashington, D.C. 20549\nDear Mr. Goelzer:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised) : The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as trade and jurisdiction to enforce\nour laws regarding persons or conduct abroad. Therefore, I\nwould like to invite the Commission to join with us and other\nfederal agencies in developing a set of final suggestions for\nmodifications in the Restatement, to reduce any potential\ndifficulties for the government and improve this potentially\ninfluential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Commission and its\nassistance in a coordinated effort to seek any modifications\nwhich are called for. David Small, Assistant Legal Adviser for\nEconomics, Business and Communications Affairs (632-0242) is\ncoordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nCC: Mr. Gary Lynch\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable Douglass Riggs\nGeneral Counsel\nDepartment of Commerce\nWashington, D.C. 20230\nDear Mr. Riggs:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft. As the enclosed table of contents\nindicates, the Restatement touches on matters of concern to the\nGovernment generally, such as trade and jurisdiction to enforce\nour laws regarding persons or conduct abroad. Therefore, I\nwould like to invite the Department of Commerce to join with us\nand other federal agencies in developing a set of final\nsuggestions for modifications in the Restatement, to reduce any\npotential difficulties for the government and improve this\npotentially influential publication.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of Commerce and\nits assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nUnited States Department of State\nThe Legal Adviser\nWashington, D.C. 20520\nAugust 8, 1985\nThe Honorable D. Lowell Jensen\nDeputy Attorney General\nDepartment of Justice\nWashington, D.C. 20530\nDear Lowell:\nAs a result of the requests made by Attorney General Meese\nand Acting Secretary of State Kenneth Dam in April, the\nAmerican Law Institute (ALI) has delayed final promulgation of\nthe Restatement (Revised): The Foreign Relations Law of the\nUnited States until May 1986 and has just distributed a\ncomprehensive draft.\nThe ALI deadline for filing comments on the draft is\nDecember, 1985. I plan to have the State Department's review\nof it completed in early September, in order to maximize the\nopportunity to work with the Restatement Reporters and the ALI\nCouncil this fall on any specific changes called for. We are\nfocussing on precise suggested drafting changes for the black\nletter and commentary, with supporting legal argument and\nauthority. Suggestions to correct or improve the Reporters'\nNotes are of secondary importance, since these are not voted on\nor adopted by the ALI.\nI would welcome the views of the Department of Justice and\nits assistance in a coordinated effort to seek any\nmodifications which are called for. David Small, Assistant\nLegal Adviser for Economics, Business and Communications\nAffairs (632-0242) is coordinating this effort for my office.\nSincerely,\nAbraham D. Sofaer\nCleared: L - EVerville\nDS\nDrafted:L/EBC:DSmall\n8/6/85 632-0242\n0350Q\nRESTATEMENT OF FOREIGN RELATIONS LAW\n(REVISED)\nCOMPREHENSIVE\nTABLE OF CONTENTS\nSection\nVol. 1\nReference\nForeword\nxi\n-\nIntroduction to Revised Restatement\n1\n1. Foreign Relations Law of the United States\n5\nPART I\nINTERNATIONAL LAW\nAND ITS RELATION TO UNITED STATES LAW\nCHAPTER 1\nINTERNATIONAL LAW: CHARACTER AND SOURCES\nIntroductory Note\n17\n101. International Law Defined\n25\n102. Sources of International Law\n28\n103. Evidence of International Law\n43\nCHAPTER 2\nSTATUS OF INTERNATIONAL LAW AND AGREEMENTS IN\nUNITED STATES LAW\nIntroductory Note\n49\n131. International Law and Agreements as Law of the United States\n52\n132. Determination and Interpretation of International Law: Law of\nthe United States\n71\n133. International Law and Agreements in Courts in the United\nStates\n74\n134. Interpretation of Federal Statute in Light of International Law or\nAgreement\n76\n135. Inconsistency Between International Law or Agreement and Do-\nmestic Law: Law of the United States\n17\nPART II\nPERSONS IN INTERNATIONAL LAW\nIntroductory Note\n85\nxi\nSection\nReference\nCHAPTER 1\nSTATES\n201. State Defined\n87\nSubchapter A. Recognition or Acceptance of States and Governments\n202. Recognition or Acceptance of States\n92\n203. Recognition or Acceptance of Governments\n101\n204. Authority as to Recognition and Diplomatic Relations: Law of the\nUnited States\n108\n205. Effect of Non-Recognition: Law of the United States\n110\nSubchapter B. Capacities, Rights and Duties of States\n206. Capacities, Rights and Duties of States\n113\n207. Attribution of Conduct to States\n117\nSubchapter C. Succession of States\n208. Succession of States\n121\n209. State Succession: State Property and Contracts\n124\n210. State Succession: International Agreements\n131\nSubchapter D. States and Individual or Corporate Nationality\n214. Nationality of Individuals\n140\n215. Nationality and Citizenship of Individuals: Law of the United\nStates\n147\n216. Nationality of Corporations\n152\nCHAPTER 2\nINTERNATIONAL ORGANIZATIONS\nIntroductory Note\n163\n217. International Organization Defined\n164\n218. Membership in International Organizations\n168\n219. International Organizations: Capacities, Rights and Duties\n172\nPART III\nINTERNATIONAL AGREEMENTS\nIntroductory Note\n179\nCHAPTER 1\nINTERNATIONAL AGREEMENTS: DEFINITION, NATURE AND SCOPE\n301. Definitions\n188\n302. Scope of International Agreements: Law d the United States\n195\nxii\nSection\nReference\n303. Authority to Make International Agreements: Law of the United\nStates\n206\nCHAPTER 2\nTHE MAKING OF INTERNATIONAL AGREEMENTS\n311. Capacity and Authority to Conclude International Agreements\n225\n312. Entry into Force of International Agreements\n230\n313. Reservations\n245\n314. Reservations and Understandings: Law of the United States\n258\nCHAPTER 3\nEFFECT AND INTERPRETATION OF INTERNATIONAL AGREEMENTS\n321. Binding Force of Agreement\n264\n322 Scope of Agreement: Time and Territory\n266\n323. Successive International Agreements\n264\n324. Effect of International Agreements for Non-Party States\n271\n325. Interpretation of International Agreements\n276\n326. Authority to Interpret International Agreements: Law of the\nUnited States\n287\nCHAPTER 4\nINVALIDITY AND TERMINATION OF INTERNATIONAL AGREEMENTS\n331. Invalidity of Consent to International Agreement\n293\n332. Termination or Denunciation of International Agreement\n301\n333. Suspension of Operation of International Agreement\n306\n334. Amendment or Modification of International Agreement\n309\n335. Material Breach of International Agreement\n314\n336. Fundamental Change of Circumstances\n318\n337. Procedure with Respect to Invalidity, Termination, or Suspension\nof Agreement\n326\n338. Consequences of Invalidity, Termination, or Suspension of\nAgreement\n329\n339. Authority to Modify, Suspend, or Terminate International Agree-\nment: Law of the United States\n333\nVol. 2\nPART IV\nJURISDICTION AND JUDGMENTS\nIntroductory Note\n334\n401. Categories of Jurisdiction\n342\nxiii\nSection\nReference\nCHAPTER 1\nJURISDICTION TO PRESCRIBE\nSubchapter A. Principles of Jurisdiction to Prescribe\nIntroductory Note\n345\n402. Bases of Jurisdiction to Prescribe\n348\n403. Limitations on Jurisdiction to Prescribe\n355\n404. Universal Jurisdiction to Define and Punish Selected Offenses\n868\nSubchapter B. Principles of Jurisdiction Applied\nIntroductory Note\n372\n411. Jurisdiction to Tax: The Basic Rule\n373\n412. Jurisdiction to Tax: Basic Rule Applied\n375\n413. Limitations on Double Taxation: Law of the United States\n384\n414[418] Jurisdiction with Respect to Activities of Foreign Branches\nand Subsidiaries\n388\n415. Jurisdiction to Apply Antitrust Laws: Law of the United States\nbboy\n416. Jurisdiction over Securities Transactions: Law of the United\nStates\n421\nCHAPTER 2\nJURISDICTION TO ADJUDICATE\nIntroductory Note\n431\n421.[441] Jurisdiction to Adjudicate\n432\n422.[442] Jurisdiction to Adjudicate in Criminal Cases: Law of the\nUnited States\n442\n423[443] Jurisdiction to Adjudicate in Aid of Universal and Other Non-\nTerritorial Crimes\n419\nCHAPTER 3\nJURISDICTION TO ENFORCE\nIntroductory Note\n451\n431. Jurisdiction to Enforce\n452\n432. External Measures in Aid of Enforcement of Criminal Law\n462\n433. External Measures in Aid of Enforcement of Criminal Law: Law\nof the United States\n468\nCHAPTER 4\nCONFLICTS OF JURISDICTION\nIntroductory Note\n477\n436.[419] Foreign Government Compulsion\n477\n437.[420] Requests for Disclosure and Foreign Government Compul-\nsion: Law of the United States\n487\nxiv\nSection\nReference\nCHAPTER 5\nIMMUNITY FROM JURISDICTION\nSubchapter A. Immunity of Foreign States from Jurindiction to Prescribe\nIntroductory Note\n509\n441.[445] Immunity of Foreign States from Jurisdiction to Prencribe\n511\n442.1461 Immunity of Foreign States from Jurisdiction to Tax\n521\nSubchapter B. Immunity of Foreign States from Jurisdiction to\nAdjudicate\nIntroductory Note\n529\n451. Immunity of Foreign States from Jurisdiction to Adjudicate: The\nBanic Rule\n535\n452 Claims against States and State Instrumentalities\nJ38\n452. Claims Arising out of Commercial Activity\n541\n454. Claims in Tort\n547\n455. Claims Concerning Property\n550\n456. Waivers of Immunity\n556\n457. Commencement and Venue of Action against Foreign State or\nInstrumentality: Law of the United States\n564\n458. Actions in Courts of States of the United States\n571\n459. Default Judgments against Foreign States: Law of the United\nStates\n574\n400. Execution and Other Means of Enforcement of Judgments against\nForeign States: Law of the United States\n577\nSubchapter C. Immunity of Foreign States from Jurisdiction to_Enforce\n461. Immunity of Foreign States from Non-Judicial Enforcement\n583\nSubchapter D. Diplomatic and Consular Immunities\nIntroductory Note\n587\n162[461] Immunity of Diplomatic Agents of Other States\n590\n463.[462] Immunity of Consular Personnel of Other States\n608\n464.[463] Immunity of Diplomatic or Consular Premises, Archives, Doe-\numents and Communications\n619\nSubchapter E. Immunity of International Organizations\nIntroductory Note\n629\n465.[464] Immunity of International Organizations\n631\n466.[465] Immunity of Premises, Archives, Documents and Communi-\ncations of International Organizations\n643\n467.[466] Immunity of Officials of International Organizations\n651\n468.[467] Immunity of Permanent Representatives to International\nOrganizations\n659\nCHAPTER 6\nTHE ACT OF STATE DOCTRINE\n469.[428] Act of State Doctrine: Law of the United States\n667\n470.[429] Act of State Doctrine: Statutory Exception\n686\nXV\nSection\nReference\nCHAPTER 9\nINTERNATIONAL COOPERATION IN ADJUDICATION AND\nENFORCEMENT\nSubchapter A. Judicial Assistance\nIntroductory Note\n695\n471.[481] Service of Process in Foreign State\n699\n472[482] Service of Process in Foreign State: Law d the United\n705\nStates\n478.[483]\nObtaining Evidence in Foreign State\n711\n474.[484] Obtaining Evidence in or for Use in Foreign State: Law of\nthe United States\n725\nSubchapter B. Extradition\nIntroductory Note\n736\n476.[486] Extradition Between States: The Basic Rule\n739\n477.[487]\nGrounds for Refusal of Extradition\n748\n478.(488)\nDoctrine of Specialty\n762\n479.[489] International Extradition Procedure: Law d the United\nStates\n766\nCHAPTER 8\nFOREIGN JUDGMENTS AND awards\nIntroductory Note\n777\nSubchapter A. Foreign Judgments: Law d the United States\n481.[491] Recognition and Enforcement of Foreign Judgments\n781\n482.[492]\nGrounds for Non-Recognition of Foreign Judgments\n7.92\n483.[493]\nRecognition and Enforcement of Tax and Penal Judgments\n802\n484.[494]\nRecognition of Foreign Divorce Decrees\n807\n485.[495] Recognition and Enforcement d Foreign Child Custedy\n812\nOrders\n486.[496] Recognition and Enforcement of Foreign Support Orders\n818\nSubchapter B. Foreign Arbitral Agreements and Awards\n487.[497] Recognition and Enforcement of Foreign Arbitral Agree-\n823\nments and Awards\n488.[496] Grounds for Non-Recognition of Foreign Arbitral Awards\n834\nVol. 3\nPART V\nTHE LAW OF THE SEA\nIntroductory Note\n839\nxvi\nSection\nReference\nCHAPTER 1\nSHIPS\n501. Nationality of Ships\n847\n502. Rights and Duties of Flag State\n863\nCHAPTER 2\nRIGHTS AND DUTIES OF COASTAL AND PORT STATES\n511. Coastal State Authority in Zones of Adjacent See\n875\n512 Coastal State Sovereignty over Territorial Sea\n895\n518. Passage Through Territorial Sea, Straits, and Archipelagic\nWaters\n909\n514. Exclusive Economic Zone\n429\n515. Continental Shelf\n948\n516. Delimitation of Territorial Sea\n958\n517. Delimitation of Exclusive Economic Zone and Continental Shelf\n960\nCHAPTER 8\nHIGH SEAS\n521. Freedom of the High Seas.\n471\n522. Enforcement Jurisdiction over Foreign Ships on High Seas.\n980\n523. Exploitation of Mineral Resources of Deep Sen-Bed\n990\nPART VI\nTHE LAW OF THE ENVIRONMENT\nIntroductory Note\n1005\n601. State Obligations with Respect to the Environment of Other States\nand the Common Environment\n1011\n602. Remedies for Violation of Environment Obligations\n1027\n603. Responsibility for Marine Pollution.\n1035\n604. Remedies for Marine Pollution\nlody\nPART VII\nPROTECTION OF PERSONS (NATURAL AND JURIDICAL)\nIntroductory Note\n1055\nxvii\nSection\nReference\nCHAPTER 1\nINTERNATIONAL LAW OF HUMAN RIGHTS\n701. Obligation to Respect Human Rights\n1067\n702. Customary International Law of Human Rights\n1078\n703. Remedies for Violations of Human Rights Obligations\n1095\nCHAPTER 2\nINJURY TO NATIONALS OF OTHER STATES\n711. State Responsibility for Injury to Nationals of Other States\n1105\n712. Economic Injury w Nationals of Other States\n1121\n713. Remedies for Injury to Nationals of Other States\n1144\nCHAPTER 3\nINDIVIDUAL RIGHTS IN FOREIGN RELATIONS: LAW OF THE\nUNITED STATES\n721. Applicability of Constitutional Safeguards\n1159\n722. Rights of Aliens\n1175\nPART VIII\nSELECTED LAW OF INTERNATIONAL ECONOMIC RELATIONS\nIntroductory Note\n1197\nCHAPTER 1\nLAW OF INTERNATIONAL TRADE\nIntroductory Note\n1199\n801. Definitions\n1204\n802. Most-Favored-Nation Treatment as to Imports\n1207\n803. Commitment to Tariffs Bound by International Agreement\n1210\n804. Quantitative Restrictions on Imports\n1215\n805. Indirect Barriers to Imports\n1218\n806. Subsidies and Countervailing Duties\n1222\n807. Dumping and Anti-Dumping Duties\n1228\n808. Emergency Action to Protect Domestic Producers\n1231\n809. Customs Unions and Free Trade Areas\n1234\n810. Developing States\n1238\n811. Commodity Agreements\n1241\n812 Export Controls\n1243\nxviii\nSection\nReference\nCHAPTER 2\nINTERNATIONAL MONETARY LAW\nIntroductory Note\n1547\n821.[851] Obligations of Member States of the International Monetary\nFund\n1250\n822.[852] Exchange Controls and Exchange Contracts in Courts of\nMember States\n1262\n823.[853] Obligations in Foreign Currency: Law of the United States\n1271\nPART IX\nREMEDIES FOR VIOLATIONS OF INTERNATIONAL LAW\nIntroductory Note\n1281\n901. Obligations Resulting from Breach of International Law\n1285\n902. Inter-State Claims and Remedies\n1291\n903. International Court of Justice\n1306\n904. Inter-State Arbitration\n1327\n905. Unilateral Remedies\n1334\n906. Private Remodies for Violations of International Law\n1350\n907. Private Remodies for Violations of International Law: Law of the\nUnited States\n1354\nxix"
}