Digest of United States Practice in International Law 2003
The Office of the Legal Adviser is pleased to announce the publication of the Digest of United States Practice in International Law for calendar year 2003. In order to assist readers in locating the full text of documents that are excerpted in the 2003 Digest and accessible elsewhere, the volume includes citations to Internet or other public sources. The listing here has been created for documents that are not readily available in hard copy or retrievable elsewhere in electronic format.
In his Introduction to the 2003 Digest, William H. Taft, IV, Legal Adviser for the Department of State, commented:
The year 2003 witnessed a number of significant developments in the field of international law. The military campaign to oust Saddam Hussein and his regime in Iraq and the continuing effort to locate Osama bin Laden and his supporters gave rise to many important legal issues, including those related to the lawful use of force, the response to international terrorism, and compliance with international humanitarian law. Beyond Iraq and Afghanistan, of course, many other situations affecting international security and stability generated complicated and sensitive issues for the world community and its lawyers. The continuing conflict in Israel, Gaza, and the West Bank; North Korea's efforts to produce nuclear weapons; and evolving situations in Sierra Leone, Burma, and Libya are a few examples. The year was also marked by a series of significant cases and decisions in domestic courts and international tribunals related to international law and practice. The International Court of Justice in The Hague handed down its decision on preliminary measures in the Avena case brought by Mexico under the Vienna Convention on Consular Relations, as well as its judgment in the Oil Platforms case (Iran v. United States). By agreement the Lockerbie case(Libya v. United States) before the ICJ was discontinued. Ongoing litigation in our domestic courts concerned fundamental issues arising under two important U.S. statutes, the Alien Tort Statute of 1789 and the 1976 Foreign Sovereign Immunities Act. Other cases began to address issues related to the status and rights of detainees in Guantanamo and the United States. Significant decisions were rendered in several cases by NAFTA tribunals. And the United States made several major submissions in government-to-government and interpretative cases pending before the Iran-United States Claims Tribunal. We were also active in bringing and defending claims under the dispute resolution mechanisms of the WTO. The Digest documents important aspects of these and many other notable developments in our courts and legislatures, in domestic litigation, and in non-confrontational contexts, as well as U.S. positions and actions in international fora, concerning consular and diplomatic privileges and immunities, environmental protection, resolution of investment disputes, treaty practice, private international law, international organizations, cultural property, human rights and refugee protection, trade and investment, law of the sea, international claims and state responsibility, and international crime, among other subjects. The range of topics addressed in this Digest is broad indeed. This is the fifth volume to be published since we resurrected the Digest project in 2001. During this short period, our co-editors have prepared and published volumes covering 1989-90, 2000, 2001 and 2002, and are now on the verge of completing the multi-volume set covering 1991-1999, when publication of the Digest was suspended. Like its predecessor volumes, the current Digest reflects the continuing commitment of the Office of the Legal Adviser to provide current information and documentation reflecting our practice in various arenas of international legal endeavor. Comments and suggestions from readers are always welcome to assist in this effort.
The current volume has been edited by Sally Cummins and David Stewart of the Office of the Legal Adviser. The Digest of U.S. Practice in International Law for calendar year 2003, as well as previously published volumes for calendar years 1989-1990, 2000, 2001, and 2002, can be purchased from the International Law Institute, The Foundry Building, 1055 Thomas Jefferson St. NW, Washington, DC 20007. Contact Bill Mays, Publications Department, at (202) 247-6006.
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