Digest of United States Practice in International Law 1973 by ARTHUR W. ROVINE Office of the Legal Adviser Department of State JX 237 AIDA DEPARTMENT OF STATE PUBLICATION 8756 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $7.50 Stock Number 4400-01525 Gen Lit Depos-USA 9/26/74 INTRODUCTION The 1973 Digest of United States Practice in International Law marks a new approach by the Department of State to the publication of materials likely to be of interest to the international legal community. The tradition heretofore has been to issue periodically comprehensive multi-volume surveys of the entire range of international law, with emphasis upon United States practice. The distinguished Digests by Francis Wharton (1886), John Bassett Moore (1906), Green Hackworth (1940-1943), and Marjorie Whiteman (1963-1971) are well-known to practitioners and scholars of international law throughout the world. In recent years, however, extraordinarily rapid development and change in the structure and substance of international law have generated a strong demand by officials of governments and international organizations, attorneys, and legal scholars for a continuous flow of the latest available materials. The Department of State has therefore decided to publish an annual volume of current United States practice in international law. Yearly volumes should be sufficient to meet the need for a contemporary record, while the decision to concentrate completely upon U.S. practice reflects the Department's understanding that, at least within the framework of annual volumes, its greatest contribution will be derived from the material it knows best. We are hopeful that the publication of this first annual Digest will serve to initiate a sustained and successful effort by the Department of State to meet the needs of the world community for current materials detailing the swiftly expanding international law practice of the United States. CARLYLE E. MAW Legal Adviser WASHINGTON, D.C. February 1974 PREFACE An annual digest of international law is a very different work The notion of "practice" has been treated as liberally as possible in the 1973 Digest. All sources of international lawmaking have been included. The reader will find material from treaties, executive agreements, legislation, Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda. The test has been significance and authoritativeness, rather than the traditional conception of practice. Foreign and international organization matters are addressed to the extent necessary for a clear view of any United States practice related thereto. Many questions concerning legal aspects of the conduct of United States foreign policy, such as Presidential and Congressional war powers, have also been The Table of Contents is presented in both summary and comprehensive form in order to show first, the general |