Gambar halaman
PDF
ePub

LIST OF WITHDRAWALS FROM MULTILATERAL TREA

TIES AND OTHER INTERNATIONAL AGREEMENTS (THROUGH AUGUST 1977, COMPILED BY THE DEPARTMENT OF STATE)

ARMAMENTS

Treaty for the limitation of naval armaments and the exchange of information concerning naval construction, with protocol of signature and additional protocol. Signed at London March 25, 1936; entered into force for the United States July 29, 1937. 50 Stat. 1363; TS 919.

Notice of intention to suspend operation of the treaty given by the United States October 3, 1939.

AVIATION

Convention on commercial aviation. Signed at Habana February 20, 1928; entered into force June 13, 1929; for the United States August 26, 1931. 47 Stat. 1901; TS 840.

Terminated for the United States November 29, 1947 pursuant to notice given by the United States May 29, 1947.

International air transport agreement. Signed at Chicago December 7, 1944; entered into force for the United States February 8, 1945. 59 Stat. 1701; EAS 488.

Terminated for the United States July 25, 1947 pursuant to notice given by the United States July 25, 1946.

.

[ocr errors]

CARIBBEAN ORGANIZATION Agreement for the establishment of the Caribbean Organization, with annexed statute. Signed at Washington June 21, 1960; entered into force September 6, 1961. 12 UST 129; TIAS 4853.

Terminated for the United States December 31, 1965 pursuant to notice of withdrawal given December 29, 1964.

CENTRAL COMMISSION OF THE RHINE Arrangement providing for participation by the United States in the Central Commission of the Rhine. Exchange of notes at London October 4 and 29 and November 5, 1945. 60 Stat. 1932; TIAS 1571.

Terminated for the United States December 31, 1964 upon withdrawal.

FISHERIES

International convention for the Northwest Atlantic fisheries. Done at Washington February 8, 1949; entered into force July 3, 1930. 1 UST 477; TIAS 2089.

Amendments:

June 25, 1956 (10 UST 59; TIAS 4170).
April 24, 1961 (14 UST 924; TIAS 5380).
July 15, 1963 (17 UST 635; TIAS 6011).
November 29, 1965 (21 UST 567; TIAS 6840).
November 29, 1965 (21 UST 576; TIAS 6841).
October 1, 1969 (23 UST 1504; TIAS 7492).

October 6, 1970 (25 UST 2716; TIAS 7941). Terminated for the United States December 31, 1976 pursuant to notice of withdrawal June 22, 1976.

HEALTII

International sanitary convention. Signed at Paris December 3, 1903; entered into force April 6, 1907. 35 Stat. 1770; TS 466.

Terminated for the United States April 6, 1922 pursuant to notice of withdrawal April 6, 1922.

Arrangement for the establishment of the international office of public health. Signed at Rome December 9, 1907; entered into force for the United States November 15, 1908.35 Stat. 2061; TS 511.

Notice of denunciation given by the United States November 3, 1919.

SAFETY AT SEA

Convention for promoting safety of life at sea, with annexed regulations. Signed at London May 31, 1929; entered into force January 1, 1933; for the United States November 7, 1936. 50 Stat. 1121; TS 910.

Terminated for the United States November 19, 1953 pursuant to notice of denunciation November 19, 1952.

TRADE

Convention on uniformity of nomenclature for the classification of merchandise. Signed at Santiago May 3, 1923; entered into force May 30, 1924. 44 Stat. 2559; TS 754.

Terminated for the United States May 24, 1955 pursuant to notice of denunciation May 21, 1954.

Co vention with protocol, for the abolition of import and export prohibitions and restrictions. Done at Geneva November 8, 1927; entered into force January 1, 1930. 46 Stat. 2461; TS 811.

Terminated for the United States June 30, 1933, definitively June 30, 1934.

Agreement relating to most-favored-nation treatment for areas of Western Germany under military occupation. Dated at Geneva September 14, 1948; entered into force for the United States October 14, 1919. 62 Stat. 3653: TIAS 1886.

Terminated for the United States June 15, 1952 pursuant to notice of denunciation December 14, 1951.

WHALING

[ocr errors]

Agreement for the regulation of whaling, with final act. Signed at London June 8, 1937. Entered into force provisionally July 1, 1937; definitively May 7, 1938.52 Stat. 1460; TC 933.

Terminated June 30, 1949, effective date of withdrawal by the United States.

Protocol amending the agreement of June 8, 1937 for the regulation of whaling. Signed at London June 24, 1938. Entered into force provisionally July 1, 1938; definitively December 30, 1938; effective for the United States March 30, 1939. 53 Stat. 1794; TS 944.

Terminated June 30, 1919, effective date of withdrawal by the United States.

RESTATEMENT OF THE LAW (SECOND) FOREIGN RELATIONS LAW OF THE UNITED STATES

As Adopted and Promulgated by the American Law Institute at

Washington, D.C., May 26, 1962

(Revisions adopted and promulgated by the American Law Institute at Wash

ington, D.C., on May 20, 1964 and May 20, 1965)

TOPIC 2. LAW OF THE UNITED STATES $ 163. Authority to Modify, Suspend, or Terminate

(1) Under the law of the United States, the President or a person acting under his authority, has, with respect to an international agreement to which the United States is a party, the authority to

(a) take the action necessary to accomplish under the rule stated in $ 155 the suspension or termination of the agreement in accordance with provisions included in it for the purpose,

(b) make the determination of conditions that establish that the agreement may be suspended or terminated under the rule stated in § 158 because of its violation by another party or that it is terminated under the rule stated in $ 159 as regards a party that has ceased to exist,

(c) elect in a particular case not to suspend or terminate the agreement when the United States may do so under the rule stated in § 158 because of violation of the agreement, or not to pursue a claim that the United States has under the rule stated in $ 3(1) (a) for the violation of international law resulting from violation of the agreement.

(2) The modification, suspension, or termination of an international agreement to which the United States is a party, by the consent of the parties under the rule stated in $ 156, is subject to the same rules as apply to the making of an international agree

ment as stated in $$ 117–121. Comment

a. General. The rules stated in this Section are based on the authority of the President to conduct the foreign relations of the United States as part of the executive power vested in him by Article II, Section 1 of the Constitution. This authority is normally exercised in his name by the Secretary of State, and references to the President in this Section include the Secretary or other members of the executive branch acting under the authority of the President. As to the power of the President to make an international agreement, see § 132.

6. Termination or suspension in accordance with terms of agreement. The great majority of cases in which the President suspends or terminates, by acting alone, an international agreement to which the United States is a party, are cases in which the agreement contains provisions for its suspension or termination. An agreement will not normally state who is to take such action, on behalf of the parties, leaving this for determination by their respective constitutions. Illustration:

1. The United States makes a treaty with state A, which provides that it will remain in effect for 10 years and that thereafter either party may terminate the treaty by notifying the other that the treaty shall terminate one year after the receipt of the notice. The treaty is ratified by the President with the advice and consent of the Senate. At the end of the 10 year period, the Secretary of State notifies A that the treaty will be considered as terminated by the United States one year after A receives the notice. The Secretary has the authority to take such action on behalf of the President.

c. Determination of conditions calling for suspension or termination. The application of the rule stated in $ 158, which permits a party to an international agreement to suspend or terminate it with respect to another party that violates the agreement, calls for a determination that the agreement has in fact been violated. This is a matter for the President to determine as the person authorized to conduct the foreign relations of the United States and having the necessary knowledge on which to base the determination. Illustration

2. The United States makes a treaty with state A by which each state agrees to ad valorem limits on customs duties on certain imports from the other. United States exporters to A claim that A's method of valuation is such as to impose duties in excess of the applicable limit. A claims that the method is consistent with the treaty. The Secretary of State acting on behalf of the President has authority to determine whether the United States will treat the treaty as suspended in whole or in part.

The application of the rule stated in $ 159, which provides that an international agreement terminates by the disappearance of a state party to it, requires a determination that the state has in fact disappeared, as by entering into a union or some other association. This determination likewise falls within the authority of the President.

d. Waiver of violation of agreement. Whether or not a right of the United States under an international agreement shall be enforced at all in a particular case is a matter for the President to decide. This is not to say that he may surrender a right of the United States under an international agreement to which it is a party or that, for example, he could forego the claim of the United States to the right so often and for such a period of time that the United States would be estopped by laches from claiming it. But in each particular case in which there is a violation of a right of the United States under one of its agreements, it is the responsibility of the President to decide, not only in the light of the legal issue as such but also in the light of all other circumstances, including considerations of policy, whether it shall be enforced at all.

« SebelumnyaLanjutkan »