Full Description
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field.
Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text.
The 2010 edition of the Digest covers various developments that occurred during the course of the year, including issues relating to the active engagement of the U.S. with the International Criminal Court and the first full year of U.S. participation as a member of the Human Rights Council. Also discussed is U.S. involvement with notable treaties (including the New START Treaty and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, to both of which the U.S. Senate gave its advice and consent to ratification during 2010). Other subjects covered include U.S. activities at the United Nations and important judicial decisions from 2010.
Contents
Preface ; Introduction ; Note from the Editor ; Chapter 1 Nationality, Citizenship, and Immigration ; A. NATIONALITY AND CITIZENSHIP ; B. PASSPORTS ; C. IMMIGRATION AND VISAS ; D. ASYLUM AND REFUGEE STATUS AND RELATED ISSUES ; Chapter 2 Consular and Judicial Assistance and Related Issues ; A. CONSULAR NOTIFICATION, ACCESS, AND ASSISTANCE ; B. CHILDREN ; Chapter 3 International Criminal Law ; A. EXTRADITION AND MUTUAL LEGAL ASSISTANCE ; B. INTERNATIONAL CRIMES ; C. INTERNATIONAL, HYBRID, AND OTHER TRIBUNALS ; Chapter 4 Treaty Affairs ; A. CONCLUSION, ENTRY INTO FORCE, RESERVATIONS, APPLICATION, AND TERMINATION ; B. OTHER ISSUES ; Chapter 5 Foreign Relations ; A. CONSTITUTIONALITY OF STATE LAW CONCERNING IMMIGRATION ; B. ALIEN TORT CLAIMS ACT AND TORTURE VICTIM PROTECTION ACT ; C. ACT OF STATE AND POLITICAL QUESTION DOCTRINES ; D. REVIEW OF COMPACT OF FREE ASSOCIATION WITH PALAU ; Chapter 6 Human Rights ; A. GENERAL ; B. DISCRIMINATION ; C. CHILDREN ; D. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS, AND RELATED ISSUES ; E. INDIGENOUS ISSUES ; F. PROTECTION OF MIGRANTS ; G. CLIMATE CHANGE ; H. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT ; I. JUDICIAL PROCEDURE, PENALTIES, AND RELATED ISSUES ; J. DETENTION AND MISSING PERSONS ; K. RULE OF LAW AND DEMOCRACY PROMOTION ; L. FREEDOM OF EXPRESSION ; M. FREEDOM OF ASSEMBLY AND ASSOCIATION ; N. SELF-DETERMINATION ; O. HUMAN RIGHTS AND COUNTERTERRORISM ; Chapter 7 International Organizations ; UNITED NATIONS ; A. UN REFORM ; B. ECOSOC: CONSULTATIVE STATUS FOR NON-GOVERNMENTAL ORGANIZATIONS ; C. INTERNATIONAL COURT OF JUSTICE ; D. INTERNATIONAL LAW COMMISSION ; E. UN SECRETARIAT: DETERMINATION OF PERSONAL STATUS FOR ENTITLEMENTS AND BENEFITS FOR STAFF MEMBERS WHO ARE U.S. NATIONALS ; Chapter 8 International Claims and State Responsibility ; A. INTERNATIONAL LAW COMMISSION ; B. NAZI ERA CLAIMS ; C. REPUBLIC OF THE MARSHALL ISLANDS ; Chapter 9 Diplomatic Relations, Succession, Continuity of States, and Other Statehood Issues ; ICJ ADVISORY OPINION ON KOSOVO'S DECLARATION OF INDEPENDENCE ; Chapter 10 Privileges and Immunities ; A. FOREIGN SOVEREIGN IMMUNITY ; B. HEAD OF STATE IMMUNITY ; C. DIPLOMATIC AND CONSULAR PRIVILEGES AND IMMUNITIES ; D. OTHER ISSUES OF STATE REPRESENTATION ; E. INTERNATIONAL ORGANIZATIONS ; Chapter 11 Trade, Commercial Relations, Investment, and Transportation ; A. TRANSPORTATION BY AIR ; B. NORTH AMERICAN FREE TRADE AGREEMENT ; C. WORLD TRADE ORGANIZATION ; D. OTHER TRADE AGREEMENTS AND TRADE-RELATED ISSUES ; E. COMMUNICATIONS ; F. OTHER ISSUES ; Chapter 12 Territorial Regimes and Related Issues ; A. LAW OF THE SEA AND RELATED BOUNDARY ISSUES ; B. OUTER SPACE ; Chapter 13 Environment and Other Transnational Scientific Issues ; ENVIRONMENT AND CONSERVATION ; A. LAND AND AIR POLLUTION AND RELATED ISSUES ; B. PROTECTION OF MARINE ENVIRONMENT AND MARINE CONSERVATION ; C. OTHER CONSERVATION ISSUES ; Chapter 14 Educational and Cultural Issues ; A. CULTURAL PROPERTY: IMPORT RESTRICTIONS ; B. PRESERVATION OF AMERICA'S HERITAGE ABROAD ; Chapter 15 Private International Law ; A. COMMERCIAL LAW ; B. FAMILY LAW ; C. INTERNATIONAL CIVIL LITIGATION ; Chapter 16 Sanctions, Export Controls, and Certain Other Restrictions ; A. IMPOSITION, IMPLEMENTATION, AND MODIFICATION OF SANCTIONS, EXPORT CONTROLS, AND CERTAIN OTHER RESTRICTIONS ; B. OTHER ISSUES ; C. EXPORT CONTROLS ; Chapter 17 International Conflict Resolution and Avoidance ; A. ISRAELI-PALESTINIAN CONFLICT ; B. SUDAN ; C. UGANDA ; Chapter 18 Use of Force, Arms Control and Disarmament, and Nonproliferation ; A. USE OF FORCE ; B. NONPROLIFERATION, ARMS CONTROL, AND DISARMAMENT ; Table of Cases ; Index



