Holloman: Digest of United States Practice in International Law, 2023

Tiffany Holloman (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2023.

Moremen: Perceptions of State: The US State Department and International Law

Philip Moremen (Seton Hall Univ. - Diplomacy and International Relations) has published Perceptions of State: The US State Department and International Law (Cambridge Univ. Press 2024). Here's the abstract:

Why, and to what extent, are states more or less likely to comply with international law? No overarching state compels compliance, and the international institutional context is thin, yet states seem largely to comply. How do we explain this behaviour? Developed through interviews with eighty State Department senior officials from across five recent administrations, Philip Moremen provides a qualitatively and quantitatively rich study of the extent to which and under what conditions the United States and other countries comply with international law. US policymakers consider legal issues, national interest, and other factors together when making decisions-law is not always dispositive. Nevertheless, international law constrains states. In State Department policymaking there is a strong culture of respect for international law, and lawyers play a highly influential role. In this context, the book concludes by investigating the effect of the Trump Administration on the culture and processes of the State Department.

Holloman: Digest of United States Practice in International Law, 2022

Tiffany Holloman (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2022.

Guymon: Digest of United States Practice in International Law, 2021

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2021. Congratulations to CarrieLyn on completing eleven years as Digest editor!

"Live from L": Climate Change

On February 10, 2022, the ABA Section of International Law, together with the American Society of International Law and George Washington University Law School, will present the 12th Annual "Live from L" as a virtual webinar. The topic is: "Climate Change." Details and registration are here.

Guymon: Digest of United States Practice in International Law, 2020

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2020.

"Live from L": L in the Transition of U.S. Administrations

On February 18, 2021, the ABA Section of International Law, together with the American Society of International Law and George Washington University Law School, will present the 11th Annual "Live from L" as a virtual webinar. The topic is: "L in the Transition of U.S. Administrations." Registration is here.

"Live from L": Space Law

On February 27, 2020, the ABA Section of International Law, together with the American Society of International Law, will present the 10th Annual "Live from L" at George Washington University Law School, featuring Marik String, Acting Legal Adviser, U.S. Department of State. The topic is: "Space Law." You may register to attend in-person or for the webcast.

Guymon: Digest of United States Practice in International Law, 2018

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2018.

"Live from L": International Economic Law

On April 4, 2019, the ABA Section of International Law, together with the American Society of International Law, will present the 9th Annual "Live from L" at George Washington University Law School, featuring Jennifer G. Newstead, Legal Adviser, U.S. Department of State. The topic is: "International Economic Law." You may register to attend in-person or for the webcast.

Guymon: Digest of United States Practice in International Law, 2017

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2017. Here's a summary of the contents:

Legal Adviser Jennifer Newstead summarized the contents of the 2017 Digest in the Introduction, stating in part:

During most of this year, the Office was fortunate to be led by Principal Deputy Legal Adviser Richard Visek, and a number of excerpts from his remarks and presentations over the course of 2017 are included in this edition.

This volume features explanations of U.S. international legal views in 2017 delivered by representatives of the U.S. government. Secretary of State Rex Tillerson announced the conclusion that ISIS is responsible for genocide against Yezidis, Christians, and Shia Muslims in areas it controls or has controlled, as well as crimes against humanity and ethnic cleansing directed at these and other minority groups. Secretary Tillerson also spoke in 2017 on the crisis in Burma’s Rakhine State, conveying the U.S. view that the situation in northern Rakhine state constitutes ethnic cleansing against Rohingya. U.S. Special Adviser Carlos Trujillo at the UN General Assembly’s Sixth Committee expressed the U.S. commitment to accountability for atrocity crimes, and support for international, regional, hybrid, and domestic mechanisms that pursue this goal. And, Acting Legal Adviser Rich Visek also commemorated the closure of the International Criminal Tribunal for the former Yugoslavia. Mr. Visek spoke at the Assembly of States Parties of the International Criminal Court, reiterating the United States’ long-standing and continuing objection to any ICC assertion of jurisdiction over nationals of States that are not parties to the Rome Statute, absent a UN Security Council referral or the consent of that State. Mr. Visek and Mark Simonoff, Minister Counselor for the U.S. Mission to the United Nations, expressed U.S. views on the work of the International Law Commission in 2017, including the topics of crimes against humanity, provisional application of treaties, general principles of law, evidence before international courts and tribunals, immunity of state officials, protection of the atmosphere, peremptory norms of general international law, succession of states in respect of state responsibility, and protection of the environment in relation to armed conflicts. The administration’s views were also conveyed in Congressional communications, including several regarding the domestic and international legal bases for the campaign against al-Qa’ida and associated forces, including against the Islamic State of Iraq and Syria.

There were numerous developments in 2017 relating to U.S. international agreements, treaties and other arrangements. The President notified Congress of his intent to renegotiate the North American Free Trade Agreement (“NAFTA”). President Trump also announced the U.S. intent to withdraw from the Paris Agreement on climate change but to begin negotiations to reenter either the Paris Agreement or a new arrangement. Additionally, the Administration pursued entry into new international obligations in a variety of areas. For example, Mr. Visek testified before the U.S. Senate on five treaties under consideration that had previously been transmitted: extradition treaties with Kosovo and Serbia; maritime boundary delimitation treaties with Kiribati and the Federated States of Micronesia; and the UN Convention on the Assignment of Receivables in International Trade. The United States entered into new arrangements, including Minute No. 323 to the 1944 Water Treaty with Mexico, outlining joint measures to address water shortages. Four agreements on preventing and combating serious crime entered into force in 2017, with Chile, Romania, New Zealand, and Cyprus. The United States signed new air transport agreements in 2017 with St. Vincent and the Grenadines and with the Kingdom of the Netherlands, in respect of Sint Maarten, and amended air transport agreements with Benin and Sri Lanka. The Minamata Convention on Mercury surpassed the requirement of 50 Parties for entry into force, and the Secretary of State signed the instrument of acceptance to join the 2012 amendments to the Gothenburg Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution. The United States deposited its instrument of ratification for three regional fisheries conventions. The Republic of Cabo Verde concluded a new Status of Forces Agreement (“SOFA”) with the United States. And, the United States ratified the protocol for Montenegro to join NATO.

The United States was very active in its relations with Cuba, concluding a bilateral Joint Statement on Migration that ended the so-called Wet Foot-Dry Foot policy for Cuban migrants; a bilateral treaty to delimit the maritime boundary in the eastern Gulf of Mexico; a bilateral search and rescue agreement; a bilateral agreement to prepare for and respond to oil spills and hazardous substance pollution in the Gulf of Mexico and the Straits of Florida; a bilateral Law Enforcement Memorandum of Understanding; and also convening the sixth meeting of the Bilateral Commission. Later in the year, the United States ordered the departure of non-emergency personnel assigned to the U.S. Embassy in Havana, Cuba, due to health-related attacks on embassy employees, and President Trump signed the National Security Presidential Memorandum on Strengthening the Policy of the United States Toward Cuba (“NSPM”). With respect to the Democratic People’s Republic of Korea (“DPRK”), the Secretary of State designated the DPRK as a State Sponsor of Terrorism in November. In its relations with Russia, the State Department announced that it would require the closure of specified facilities in New York, Washington, D.C., and San Francisco in response to Russia’s invocation of parity to reduce the size of the United States presence in Russia. Several provisions in the Countering America’s Adversaries through Sanctions Act of 2017 (“CAATSA”) relate to, and provide for mandatory sanctions in connection with, Russia. In December, the President issued Proclamation 9683, “Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United State Embassy to Israel to Jerusalem.” The United States condemned the government of Venezuela in several ways including Executive Order 13808, “Imposing Additional Sanctions With Respect to the Situation in Venezuela.” And, recognizing the progress made by the government of Sudan under the Five Track Engagement Plan, including the cessation of aerial bombings and military offensives in Darfur, the United States revoked certain longstanding economic sanctions on Sudan.

"Live from L": Cyber Issues in International Law

On February 15, 2018, the ABA Section of International Law, together with the American Society of International Law, will present the 8th Annual "Live from L" at George Washington University Law School, featuring members of the Office of the Legal Adviser, U.S. Department of State. The topic is: "Cyber Issues in International Law." The program is here.

Guymon: Digest of United States Practice in International Law, 2016

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2016. Here's a summary of the contents:

This volume includes key speeches Legal Adviser Brian J. Egan delivered during 2016. Mr. Egan spoke on the future of international agreements at Yale Law School, where Deputy National Security Adviser Avril Haines also spoke on the importance of treaties. He responded to the work of the International Law Commission on protection of persons in the event of disasters; identification of customary international law; and subsequent agreements and subsequent practice in relation to the interpretation of treaties. He also delivered a talk entitled “The Next Fifty Years of the Outer Space Treaty” at a space law symposium; addressed the International Bar Association on the subject of private international law; discussed international law, legal diplomacy, and the counter-ISIS campaign at the annual meeting of the American Society of International Law (“ASIL”); and spoke at Berkeley Law School on international law and stability in cyberspace.

In addition to Mr. Egan’s speeches, other representatives of the U.S. government explained U.S. international legal views on current world events in 2016. Secretary of State John Kerry announced that, in his judgment, ISIS is responsible for genocide in Iraq against groups in areas under its control, including Yezidis, Christians, and Shia Muslims, and for crimes against humanity and ethnic cleansing directed at these same groups and in some cases also against Sunni Muslims, Kurds, and other minorities. The United States responded to papers China circulated after the decision in the arbitration between the Philippines and China on the South China Sea with a diplomatic note identifying contradictions between China’s claims and the international law of the sea. The United States also sent a diplomatic note to the Republic of the Marshall Islands regarding U.S. sovereignty over Wake Island. And the Obama administration issued its Report on the Legal and Policy Frameworks Guiding the United States’ Use of Military Force and Related National Security Operations. All of these enunciations of U.S. legal views contributed to efforts to promote understanding of and compliance with international law.

There were numerous developments in 2016 relating to U.S. international agreements and treaties at all stages, from negotiation to entry into force. The President transmitted eleven treaties to the U.S. Senate for its advice and consent to ratification in 2016, including extradition treaties, two intellectual property treaties, several private international law treaties, maritime boundary treaties, and the Arms Trade Treaty. The Senate provided its advice and consent to ratification of seven treaties in 2016, including extradition treaties, mutual legal assistance treaties, the International Treaty on Plant Genetic Resources for Food an Agriculture, and the Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary (the “Hague Securities Convention”). The United States ratified and joined the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing, and the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in 2016. And on January 16, 2016, the 2015 Joint Comprehensive Plan of Action with Iran (“JCPOA”) reached its “Implementation Day,” when the International Atomic Energy Agency confirmed that Iran had satisfied the required nuclear commitments and the United States and European Union took steps to lift nuclear-related sanctions against Iran. The United States signed new extradition treaties with Kosovo and Serbia; an agreement “On the Protection of Personal Information Relating to the Prevention, Investigation, Detention, and Prosecution of Criminal Offenses” (“DPPA”) with the European Union; an asset sharing agreement with Colombia; several air transport agreements; and agreements pursuant to the 1970 UNESCO Convention on cultural property. The United States successfully led the way to renegotiate the South Pacific Tuna Treaty and amend the Montreal Protocol to phase down the production and consumption of hydrofluorocarbons (“HFCs”). And, the President also submitted to Congress for its review an Agreement for Cooperation with Norway Concerning Peaceful Uses of Nuclear Energy.

In the area of diplomatic relations, the United States engaged with Cuba in claims talks, conclusion of an aviation arrangement, and amendments to the Cuban Assets Control Regulations, among other initiatives. As a reflection of Burma’s democratic transition, the United States terminated the national emergency with respect to Burma, which had provided the basis for economic and financial sanctions. Also in 2016, the President terminated the national emergency with respect to Côte d’Ivoire. And in 2016, the United States swore in its first ambassador to Somalia in a quarter century after recognizing the government of Somalia in 2013. The United States took several steps in response to Russian interference in the 2016 U.S. election and increasing Russian harassment of U.S. diplomats overseas.

Guymon: Digest of United States Practice in International Law, 2015

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2015. Here's a summary of the contents:

As is true every year, in 2015 the United States negotiated and concluded a number of noteworthy treaties, other international agreements, and political arrangements. On July 14, 2015, the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union, and Iran reached a Joint Comprehensive Plan of Action (“JCPOA”) to ensure that Iran’s nuclear program will be exclusively peaceful. U.S. leadership was also instrumental in the conclusion by over 190 countries of the Paris Agreement of the UN Framework Convention on Climate Change on December 12, 2015. The Addis Ababa Action Agenda on Financing for Development and the 2030 Agenda for Sustainable Development were concluded with U.S. involvement and support. The passage of Trade Promotion Authority (“TPA”) and Trade Adjustment Assistance (“TAA”) legislation in June 2015 paved the way for the Trans-Pacific Partnership (“TPP”), which was concluded in October 2015, and the Trans-Atlantic Trade and Investment Partnership (“T-TIP”), on which negotiations are ongoing. The United States also signed an extradition treaty with the Dominican Republic; a mutual legal assistance treaty with Kazakhstan; an agreement continuing the International Science and Technology Center in Kazakhstan; new air transport agreements with Togo, Barbados, Serbia, Ukraine, Seychelles, and Mexico; and a tax treaty with Vietnam. The Executive Branch transmitted a number of treaties to the Senate for ratification, including mutual legal assistance treaties with Algeria and Jordan, and a protocol to the U.S. tax treaty with Japan. The U.S. Congress adopted implementing legislation for several nuclear security treaties, including the Nuclear Terrorism Convention, leading to U.S. ratification of those treaties. …

The United States also undertook a number of significant steps in the area of diplomatic relations in 2015. On July 20, 2015, the United States and Cuba re-established diplomatic relations and permanent diplomatic missions in their respective countries. Also in 2015, the United States rescinded Cuba’s designation as a state sponsor of terrorism, made further adjustments to sanctions on Cuba, and entered into claims settlement talks and an aviation arrangement with Cuba. U.S.-Nicaraguan relations also registered a milestone: the settlement of remaining property claims by U.S. nationals against Nicaragua in 2015 lifted the requirement of an annual waiver to allow U.S. government assistance and support. The United States suspended embassy operations in Sana’a, Yemen in February 2015 and responded to litigation regarding visas and evacuations. The U.S. Mission to Somalia commenced operations out of the U.S. Embassy in Nairobi, Kenya in September 2015. The United States also participated in and supported a UN-sponsored effort in 2015 to broker a political resolution in Libya to create a “Government of National Accord.”

The United States continued to lead a coalition of nations participating in the non-international armed conflict against ISIL in Iraq and Syria in 2015. The United States also continued to deploy a variety of resources to support efforts to resolve conflicts in the Middle East, Syria, Burundi, the Central African Republic, Mali, Sudan, South Sudan, Burma, Ukraine, and Yemen.

The United States actively engaged with a number of UN human rights treaty bodies in 2015. In March the United States submitted its one-year follow up response regarding the International Covenant on Civil and Political Rights (“ICCPR”) to the Human Rights Committee. The United States submitted its Universal Periodic Review (“UPR”) report to the Office of the UN High Commissioner for Human Rights in February, and made its UPR presentation in May. The United States also provided its one-year follow-up response to the Committee on the Elimination of Racial Discrimination and filed its one-year follow-up response to the Committee Against Torture.

Guymon: Digest of United States Practice in International Law, 2014

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2014. Here's an excerpt from the Department's press release:

The Department of State is pleased to announce the release of the 2014 Digest of United States Practice in International Law, covering developments during calendar year 2014. The Digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition of the 2014 Digest is available exclusively on the State Department’s website. Past Digests covering 1989 through 2013 are also available on the State Department’s website. The Digest is edited by the Office of the Legal Adviser.

Guymon: Digest of United States Practice in International Law, 2013

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2013. Here's an excerpt from the Department's press release:

The Department of State is pleased to announce the release of the 2013 Digest of United States Practice in International Law, covering developments during calendar year 2013. The Digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition of the 2013 Digest is available exclusively on the State Department’s website. Past Digests covering 1989 through 2012 are also available on the State Department’s website. The Digest is edited by the Office of the Legal Adviser.

Guymon: Digest of United States Practice in International Law, 2012

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2012. Here's an excerpt from the Department's press release:

The Department of State is pleased to announce the release of the 2012 Digest of United States Practice in International Law, covering developments during calendar year 2012. The Digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition of the 2012 Digest is available exclusively on the State Department’s website. Past Digests covering 1989 through 2011 are also available on the State Department’s website. The Digest is edited by the Office of the Legal Adviser.

Guymon: Digest of United States Practice in International Law, 2011

CarrieLyn D. Guymon (Office of the Legal Adviser, U.S. Department of State) has published Digest of United States Practice in International Law, 2011. Here's an excerpt from the Department's press release:

The Department of State is pleased to announce the release of the 2011 Digest of United States Practice in International Law, covering developments during 2011. The digest provides the public with a record of the views and practice of the Government of the United States in public and private international law. The official edition of the 2011 Digest is available exclusively on the State Department’s website. Past digests covering 1989 through 2010 are also available on the State Department’s website. The Digest is edited by the Office of the Legal Adviser.

Koh: The State Department Legal Adviser’s Office: Eight Decades in Peace and War

Harold Hongju Koh (Legal Adviser, U.S. Department of State) has published The State Department Legal Adviser’s Office: Eight Decades in Peace and War (Georgetown Law Journal, Vol. 100, no. 5, p. 1747, June 2012).

Smith: Negotiating Environment and Science: An Insider's View of International Agreements, from Driftnets to the Space Station

Richard J. Smith (formerly, U.S. Department of State) has published Negotiating Environment and Science: An Insider's View of International Agreements, from Driftnets to the Space Station (Routledge 2012). Here's the abstract:

In this thought-provoking new book, career U.S. State Department negotiator Richard J. Smith offers readers unprecedented access to the details about some of the most complex and politically charged international agreements of the late and immediate post Cold War era. During his nine years as Principal Deputy Assistant Secretary in the Bureau of Oceans and International Environmental and Scientific Affairs, Smith led U.S. negotiations on many significant international agreements. In Negotiating Environment and Science, Smith presents first-hand, in-depth accounts of eight of the most high-profile negotiations in which he was directly involved. The negotiations Smith covers are wide-ranging and include the London agreement to amend the Montreal Protocol on Substances that Deplete the Ozone Layer, the international space station agreement, the U.S.-Soviet (eventually, U.S.-Russian) agreement on scientific cooperation, the U.S.-Canada acid rain agreement, the negotiations in Sofia, Bulgaria that established a first link between human rights and the environment, and a contentious confrontation with Japan over driftnet fishing. Smith chronicles the development of these negotiations, the challenges that emerged (as much within the U.S. delegations as with the foreign partners), and the strategies that led to substantive treaties. Smith infuses his narrative with unique historical insight as well as astute observations that can guide U.S. strategies toward productive international agreements in the future. His book also highlights the shift in diplomatic focus over the past 25 years from arms control and other security-related agreements to international and trans-boundary agreements that address global environmental threats and promote cooperative approaches in science and technology. Written for an audience with a general interest in environmental issues as well as international relations, Negotiating Environment and Science will also be an important resource for historians, political scientists, and students in international law and diplomacy.