major treaties of the United States containing similar termination provisions to that of Article X is attached hereto as Exhibit No. 5). 7. Plaintiffs' complaint is hereby further amended by adding Exhibits Nos. 4 and 5 paragraph and attached hereto to this amended complaint. Unless otherwise indicated in the preceding seven paragraphs, Plaintiffs' amended complaint incorporates by reference their original complaint filed on December 22, 1978. Arry Emerson ank Terry Emerson 427 Russell Building Washington, D.C. 20510 (202) 224-2234 Respectfully submitted, Daniel &. Poper Daniel J. Popeo WASHINGTON LEGAL FOUNDATION Washington, D.C. 20006 taul Flamein Paul D. Kamenar 1712 Eye Street, N.W.` Washington, D.C. 20006 CERTIFICATE OF SERVICE The foregoing amended complaint with attached summons is being served pursuant to Rule 4 of the Federal Rules of Civil Procedure this 2d day of January, 1979. Taut Tamand Paul D. Kamenar EXHIBIT No. 4 Civil Action No. 78-2412 TERMINATION PROVISIONS OF FOUR DEFENSE TREATIES 1. . NATO Treaty of April 4, 1949, Article 13: "After the Treaty has been in force for twenty 4 Bevans 828, 831 (1970) 2. Security Treaty with Japan of January 19, 1960, Article X: "(A)fter the Treaty has been in force for ten years, either Party may give notice to the other Party of its intention to terminate the Treaty, in which case the Treaty shall terminate one year after such notice has been given." 11 U.S.T. 1632, 1635. 3. Mutual Defense Treaty with the Philippines of August "Either Party may terminate it one year after 3 U.S.T. 3947, 3950. 4. Mutual Defense Treaty with Korea, of October 1, 1953, Article VI: "Either Party may terminate it one year after 5 U.S.T. 2368, 2374. EXHIBIT NO. 5 Civil Action No.78-2412 PARTIAL LIST OF MAJOR U.S. TREATIES WITH TERMINATION PROVISIONS SIMILAR TO ARTICLE X. 1319. 1. The Nuclear Test Ban Treaty. Article IV, 14 U.S.T. 2. Agency. The Statute of the International Atomic Energy 2420. 6. The Outer Space Treaty. Article XVI, 18 U.S.T. 43-968 - 79 - 37 Which was considered as in Committee of the Whole, and postponed to, and made the special order for, Monday, the 15th instant, at one o'clock. The Committee on Foreign Relations, to whom was referred the resolution of the Senate which is annexed, have had the same under consideration, and now report: The resolution is as follows: "Resolved, That the Committee on Foreign Relations be directed to consider the expediency of some act of legislation, having the concurrence of both houses of Congress, by which the treaty with Denmark, regulating the payment of Sound dues, may be effectively abrogated, in conformity with the requirements of the Constitution, under which every treaty is a part of 'the supreme law of the land,' and in conformity with the practice of the government in such cases; and especially to consider whether there be any defect in the notice which has been given, which such legislation may be necessary to remedy." The Senate, in executive session, on the 3d day of March last, adopted the following resolution, as to which the injunction of secrecy has been removed, viz: "Whereas, by the fifth article of the general convention of friendship, commerce, and navigation, between the United States of America and his majesty the king of Denmark, concluded at Washington on the twenty-sixth day of April, eighteen hundred and twenty-six, it is provided that "Neither the vessels of the United States nor their cargoes shall, when they pass the Sound or the Belts, pay higher or other duties than those which are or may be paid by the most favored nation." Which article has been construed into a concession, on the part of the United States, of the right on the part of the government of Denmark to levy duties or tolls on such ships and cargoes burdensome and oppressive to the commerce of the United States in the Baltic sea, and in derogation of common right to the free navigation of open seas. And it being provided by the eleventh article of the said convention, that after ten years from the date thereof either of the contracting parties should be at liberty to give notice to the other of its intention to terminate the same in the manner therein provided. With a view, therefore, to relieve the commerce of the United States in the Baltic sea from the duties or tolls aforesaid, Resolved, That the President of the United States be, and he is hereby, authorized, at his discretion, to give to the government of Denmark the notice required by the eleventh article of said general convention of the twenty-sixth day of April, eighteen hundred and twenty-six, for the termination of the same. And the President, in his annual message at the commencement of the present session, informed Congress that, "In pursuance of the authority conferred by a resolution of the Senate of the United States, passed on the third of March last, notice was given to Denmark on (583) |