Contemporary practice of the United States relating to international law

American Journal of International Law

Volumn 101, Issue 4, 2007, Pages 866-900

  Crook, John R ^a  

^a NONE

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EID: 39849095623     PISSN: 00029300     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (202)

1. At .
2. Military Commissions Act of 2006, Pub. L. No. 109-366, 120 Stat. 2600 (Oct. 17, 2006); see John R. Crook, Contemporary Practice of the United States, 100 AJIL 940 (2006) & 101 AJIL 193 (2007).
3. John R. Crook, Contemporary Practice of the United States, 100 AJIL 943 (2006).
4. Scott Shane & Mark Mazetti, Advisers Fault Harsh Methods in Interrogation, N.Y. TIMES, May 30, 2007, at A1;
5. Scott Shane, Senate Panel Questions C.I.A. Detentions, June 1, 2007, at A18;
6. Walter Pincus, Senators Seek Legal Review of CIA Methods, WASH. POST, June 1, 2007, at A5;
7. Mark Mazzetti & Scott Shane, Question Time for Nominee Linked to Interrogations, N.Y. TIMES, June 19, 2007, at A17;
8. Karen DeYoung, Administration Struggles with Interrogation Specifics, WASH. POST, June 19, 2007, at A4;
9. Karen DeYoung, Senators Question CIA Nominee on Torture, WASH. POST, June 20, 2007, at A6;
10. Mark Mazetti, Rules Lay Out C.I.A. 's Tactics in Questioning, N.Y. TIMES, July 21, 2007, at A1;
11. Karen DeYoung, Bush Approves New CIA Methods, WASH. POST, July 21, 2007, at A1.
12. Meet the Press (NBC television broadcast July 22, 2007) (transcript), at .
13. A Return to Abuse, Editorial, WASH. POST, July 25, 2007, at A14;
14. P. X. Kelley & Robert F. Turner, War Crimes and the White House, WASH. POST, July 26, 2007, at A21.
15. Letter from Jeffrey T. Berger, Ass't Sec'y of State, to Joseph R. Biden Jr., Chairman, Senate Foreign Relations Comm. (Feb. 7, 2007) (copy provided by Senate Foreign Relations Committee, on file with author).
16. David Gollust, US to Close Entrean Consulate amid Diplomatie Dispute (Voice of America Aug. 17, 2007), at .
17. At .
18. [Editor's Note: The "PNG" refers to declaring them persona non grata as authorized by Article 9(1) of the Vienna Convention on Diplomatic Relations.]
19. Assistant Secretary of State for African Affairs Jendayi Frazer, On-the-Record Briefing on U.S.-Eritrea Relations (Aug. 17, 2007), at .
20. Sophia Tesfamariam, Jendayi E. Frazier's Incompetence and Sour Grapes Compromise US-Eritrea Relations (Sept. 5, 2007), at .
21. Anita Huslin, Justice Dept. Orders Sale of Baltimore Steel Mill, WASH. POST, Feb. 21, 2007, at D1.
22. U.S. Dep't of Justice Press Release No. 07-093, Justice Department Requires Mittal Steel to Divest Sparrows Point Steel Mill (Feb. 20, 2007), at .
23. Metals Distributor to Buy Sparrows Point, WASH. POST, Aug. 3, 2007, at D4; Justice Department Seeks Appointment of Trustee to Sell Mittal Steel's Sparrows Point Steel Mill, Aug. 6, 2007, at (registration required).
24. On earlier developments, see John R. Crook, Contemporary Practice of the United States, 101 AJIL 485 (2007).
25. Alan Feuer, U.N. Worker Is Accused of Falsifying Visa Letter, N.Y. TIMES, Aug. 7, 2007, at A20;
26. Colum Lynch, U.N. Worker Jailed in Visa-Sale Scheme, WASH. POST, Aug. 7, 2007, at A2.
27. Former Chief of U.N. Section Is Guilty of Fraud and Bribery, N.Y. TIMES, June 8, 2007, at A11; Ex-U.N. Official Convicted on 6 Counts of Fraud, Conspiracy, WASH. POST, June 8, 2007, at A11.
28. The indictment against Chalmers and othet defendants is at .
29. Alan Feuer, Texas Trader Admits Guilt in Iraq Oil-for-Food Fraud, N.Y. TIMES, Aug. 18, 2007, at A2.
30. Alan Feuer, Texas Tycoon, Prosecuted for Iraq Dealings, Says He's a Target, N.Y. TIMES, Sept. 6, 2007, at A10.
31. Alan Feuer, Of Characters in Oil-for-Food Trial, Most Prominent Is Dead, N.Y. TIMES, Sept. 20, 2007, at A6.
32. At .
33. U.S. Institute of Peace Press Release, USIP Rolls Out Guidelines for Relations Between U.S. Armed Forces and Non-governmental Humanitarian Organizations (n.d.), at .
34. At .
35. Agreement Between the United States of America and the European Union on the Processing and Transfer of Passenger Name Record (PNR) Data by Air Carriers to the United States Department of Homeland Security (DHS), July 23 & 27, 2007, at ;
36. see Paul Lewis & Spencer S. Hsu, Travelers Face Greater Use of Personal Data, WASH. POST, July 27, 2007, at A1.
37. John R. Crook, Contemporary Practice of the United States, 101 AJIL 228 (2007).
38. Ellen Nakashima, Air Passenger Data Program Concerns European Officials, WASH. POST, Dec. 14, 2006, at D4;
39. Ellen Nakashima, E.U. Satisfied with Data Sharing, WASH. POST, Jan. 12, 2007, at D2;
40. Jane Perlez, U.S. Asks Europe to Ensure Continued Access to Air Passenger Data, N.Y. TIMES, May 14, 2007, at A3.
41. At .
42. U.S. Dep't of Homeland Security, Statement by Homeland Secretary Michael Chertoff on a New Agreement with the European Union for Passenger Name Record Data Sharing (July 26, 2007), at .
43. See section below: United States and South Korea Sign Major Free Trade Agreement; Prospects Uncertain.
44. Peter S. Goodman, GOP May Have to Swallow Tough Labor Terms for Trade Deak, WASH. POST, Mar. 27, 2007, at D8;
45. Steven R. Weisman, Break Seen in Logjam over Trade, Mar. 28, 2007, at C1;
46. Peter S. Goodman, House Democrats Take Their Time on Trade Deals, WASH. POST, Mar. 30, 2007, at D3;
47. Steven R. Weisman, Labor Rights Issue Stalls Trade Pact Talks, N.Y. TIMES, Apr. 21, 2007, at B2;
48. Steven R. Weisman, Progress Is Seen on Trade Legislation, N.Y. TIMES, Apr. 27, 2007, at C3;
49. Steven R. Weisman, G.O.P. Shift Is Seen on Trade, N.Y. TIMES, May 6, 2007, at C1;
50. Peter S. Goodman, Sides Get Closer to a Deal on Trade, WASH. POST, May 10, 2007, at D1;
51. Steven R. Weisman, Bush in Accord with Democrats on Trade Deals, N.Y. TIMES, May 11, 2007, at A1;
52. Peter S. Goodman, Familiar Concerns Greet New Trade Pact, WASH. POST, May 12, 2007, at D1; Bipartisan Trade, Editorial, WASH. POST, May 12, 2007, at A14.
53. Peter S. Goodman, President Set to Lose Trade-Negotiating Power, WASH. POST, June 30, 2007, at D1. The "fast-track" authority permitted the president to negotiate trade agreements and to submit them for congressional approval on an up-or-down vote, without amendments.
54. Peter S. Goodman & Lori Montgomery, Path Is Cleared for Trade Deals, WASH. POST, May 11, 2007, at D1.
55. USTR Press Release, Bipartisan Trade Deal (May 2007), at .
56. Juan Forero, Unionists' Murder Cloud Prospects for Colombia Trade Pact, WASH. POST, Apr. 10, 2007, at A9.
57. Mr. Rangel's Tour, Editorial, WASH. POST, Aug. 5, 2007, at B6; Progress on Trade, Editorial, WASH. POST, Sept. 24, 2007, at A18;
58. Steven R. Weisman, House Panel Approves a Trade Pact with Peru, N.Y. TIMES, Sept. 26, 2007, at C8.
59. The text of the agreement is at . See A Good, If Not Great, Deal, Editorial, WASH. POST, July 11, 2007, at A22.
60. Choe Sang-Hun, U.S. and South Korea Agree to Sweeping Trade Deal, N.Y. TIMES, Apr. 3, 2007, at C1;
61. Peter S. Goodman, S. Korea, U.S. Reach Trade Deal, WASH. POST, Apr. 3, 2007, at D1.
62. See section above: Uncertain Prospects for Pending U.S. Bilateral Trade Agreements.
63. USTR Press Release, United States and the Republic of Korea Sign Landmark Free Trade Agreement (June 30, 2007), at . Fact sheets on the agreement are at .
64. Ventress v. Japan Airlines, 486 F.3d 1111 (9th Cir Apr. 24, 2007).
65. Apr. 2, 1953, 4 UST 2063.
66. 486 F.3d at 1115-17 (citations and footnotes omitted).
67. The statement of Ambassador John McNee, Canada's permanent representative to the United Nations, explaining Canada's vote is at .
68. For New Zealand's earlier criticism of the declaration, delivered on behalf of itself, Australia, Canada, and the United States, see John R. Crook, Contemporary Practice of the United States, 101 AJIL 211 (2007).
69. GA Res. 61/295 (Sept. 13, 2007).
70. The final draft of the declaration as submitted to the General Assembly is at .
71. [Editor's Note: Observations of the United States with Respect to the Declaration on the Rights of Indigenous Peoples (Sept. 13, 2007) (included in USUN Press Release No. 204(07), infra note 6).]
72. USUN Press Release 204(07), Explanation of Vote by Robert Hagen, U.S. Advisor, on the Declaration on the Rights of Indigenous Peoples, to the UN General Assembly, at .
73. United States v. Noriega, 808 F.Supp 791 (S.D. Fla. 1992).
74. CNN, Noriega and Wife Get 10-year Sentences in Paris (July 1, 1999), at .
75. United States v. Noriega, No. 1:88-cr-00079-WMH (S.D. Fla. Aug. 24, 2007) (order denying defendant's petitions for writs of habeas corpus, mandamus, and prohibition), at ; see Marc Lacey, In Court Ruling, Noriega Is Cleared for Extradition to France, N.Y. TIMES, Aug. 25, 2007, at A4;
76. Curt Anderson, Judge Won't Block Noriega Extradition, WASH. POST, Aug. 25, 2007, at A2.
77. United States v. Noriega, No. 88-0079-CR-HOEVELER (S.D. Fla. Sept. 7, 2007) (order dismissing defendant's petition for writ of habeas corpus and lifting stay of extradition), at .
78. Id., slip op. at 3.
79. Peter Whoriskey, U.S. Judge Allows Noriega to Be Extradited to France, WASH. POST, Aug. 29, 2007, at A9.
80. President Bush Discusses American Competitiveness Initiative During Press Conference (Aug. 9, 2007), at ;
81. see Michael Abramowitz, Cheney: Don't Close Guantanamo Yet, WASH. POST, Aug. 7, 2007, at A4;
82. William Glaberson, Hurdles Frustrate Effort to Shrink Guantanamo, N.Y. TIMES, Aug. 9, 2007, at A1.
83. For information on the Court of Military Commission Review, including access to the pleadings and decisions in the case, see .
84. John R. Crook, Contemporary Practice of the United States, 101 AJIL 659 (2007).
85. United States v. Khadr, No. CMCR 07-001, slip op. at 9 (U.S. Ct. Mil. Comm'n Rev. Sept. 24, 2007). 5 Id. at 11-15.
86. Id. at 20-25;
87. see William Glaberson, Military Says It Can Repair Guantanamo Trial Defects, N.Y. TIMES, Aug. 25, 2007, at A9;
88. U.S. Urges Court to Let Detainee Trial Proceed, WASH. POST, Aug. 25, 2007, at A4;
89. William Glaberson, Court Eases Way to Try Detainees, N.Y. TIMES, Sept. 25, 2007, at A1;
90. Josh White, Court Reverses Ruling on Detainees, WASH. POST, Sept. 25, 2007, at A4.
91. Jeff Zeleney, Democrats Hope to Expand Rights at Guantanamo, N.Y. TIMES, June 6, 2007, at A16;
92. Josh White, Senate Committee Approves Bill for Detainee Hearings, WASH. POST, June 8, 2007, at A3;
93. Jonathan Weisman, GOP Blocks Bid on Rights of Detainees, WASH. POST, Sept. 20, 2007, at A5.
94. Pub. L. No. 109-148, §1005(e)(2)(A), 119 Stat. 2739, 2742.
95. Id. §1005(e)(2)(C); see John R. Crook, Contemporary Practice of the United States, 100 AJIL 457 (2006).
96. William Glaberson, Court Tells U.S. to Reveal Data on Guantánamo, N.Y. TIMES, July 21, 2007, at A1.
97. Bismullah v. Gates, No. 06-1197 (D.C. Cir. July 20, 2007), at .
98. Id. at 2-3.
99. Concurring op. at 3.
100. William Glaberson, Security Chiefs Cite Danger in Revealing Detainee Data, N.Y. TIMES, Sept. 12, 2007, at A16;
101. Carol D. Leonnig, Intelligence Chiefs Back a Guantanamo Reversal, WASH. POST, Sept. 12, 2007, at A5.
102. Foreign and Commonwealth Office Press Release, Guantanamo Bay: Former UK Residents (Aug. 7, 2007), at .
103. Raymond Bonner, Britain Asks to Take Back 5 Guantanamo Detainees, N.Y. TIMES, Aug. 8, 2007, at A3;
104. Karla Adam, Britain Asks U.S. to Free 5 Detainees, WASH. POST, Aug. 8, 2007, at A10.
105. U.S. Dep't of Defense News Release No. 987-07, Detainee Transfer Announced (Aug. 9, 2007), at .
106. at Guantánamo Are Transferred to Saudi Custody, N.Y. TIMES, Sept. 7, 2007, at A18.
107. On earlier developments, see John R. Crook, Contemporary Practice of the United States, 101 AJIL 490 (2007).
108. Ian Fisher & Elisabetta Povoledo, Italy Braces for Legal Fight over Secret C.I.A. Program, N.Y. TIMES, June 8, 2007, at A14;
109. Ian Fisher, Italy Prosecutes C.I.A. Agents in Kidnapping, N.Y. TIMES, June 9, 2007, at A7;
110. Elisabetta Povoledo, Kidnapping Trial of Operatives from the C.I.A. Delayed in Italy, N.Y. TIMES, June 19, 2007, at A8.
111. John R. Crook, Contemporary Practice of the United States, 101 AJIL 490 (2007).
112. Italy: U.S. Soldier Tried for Baghdad Killing, N.Y. TIMES, Apr. 18, 2007, at A6; US Soldier's Murder Trial Begins, BBC News (Apr. 17, 2007), at . A Web site explaining the defendant's view of the event is at .
113. Marta Falconi, Lawyer: Italy Cannot Try U.S. Soldier, INT'L HERALD TRIB., July 10, 2007, at .
114. Sarah Lyall, Killing of Briton by U.S. Pilot was 'Criminal,' Coroner Rules, N.Y. TIMES, Mar. 17, 2007, at A3;
115. Kevin Sullivan, Friendly-Fire Killing of Briton Is Ruled Criminal, WASH. POST, Mar. 17, 2007, at A11. Cockpit video of the incident is at .
116. John R. Crook, Contemporary Practice of the United States, 100 AJIL 236 & 723 (2006).
117. US Displeased over German Hunt for CIA Agents, Spiegel Online (Mar. 5, 2007), at .
118. Louis Charbonneau, German Prosecutors Want CIA Agents Extradited, Reuters (June 25, 2007), at .
119. U.S. Dep't of State Daily Press Briefing (June 25, 2007), at .
120. Craig Whitlock, Germans Drop Bid for Extradition in CIA Case, WASH. POST, Sept. 24, 2007, at A9.
121. Soldiers Indicted in Killing, N.Y. TIMES, Apr. 28, 2007, at A5.
122. Spanish Judge Issues Arrest Warrant for 3 U.S. soldiers, USA TODAY, Oct. 19, 2005, at .
123. European Parliament Press Release, CIA Activities in Europe: European Parliament Adopts Final Report Deploring Passivity from Some Member States (Feb. 14, 2007), at ;
124. see Brian Knowlton, Report Rejects European Denial of C.I.A. Prisons, N.Y. TIMES, Nov. 29, 2006, at A15;
125. Craig Whitlock, European Report Detaik Flights by CIA Aircraft, WASH. POST, Nov. 29, 2006, at A14.
126. Eur. Parl. Ass., Alleged Secret Detentions and Unlawful Inter-State Transfers Involving Council of Europe Member States, Doc. No. AS/JUR (2006) 16 Part II (2006), at ;
127. Stephen Grey & Doreen Carvajal, Secret Prisons in 2 Countries Held Qaeda Suspects, Report Says, N.Y. TIMES, June 8, 2007, at A14;
128. Molly Moore & Julie Tate, European Report Addresses CIA Sites, WASH. POST, June 8, 2007, at A16;
129. Doreen Carvajal, Rights Group Offers Grim View of C.I.A. Jails, N.Y. TIMES, June 9, 2007, at A7;
130. Molly Moore, Report Gives Details on CIA Prisons, WASH. POST, June 9, 2007, at A1.
131. Whitlock, supra note 14.
132. Scott Shane, Rights Groups Call for End to Secret Detention of Suspects, N.Y. TIMES, June 7, 2007, at A18; Grey & Carvajal, supra note 15; Moore, supra note 15.
133. Walter Pincus, CIA Chief Complains About Agency's Critics in Europe, WASH. POST, Apr. 17, 2007, at A12.
134. See section above: New Executive Order Addresses Common Article 3 and Permitted Methods of Detainee Interrogation.
135. Director's Statement on Executive Order on Detentions, Interrogations (June 20, 2007), at .
136. Josh White, Conflicting Portraits of Officer Charged over Abu Ghraib, WASH. POST, July 31, 2007, at A3;
137. Paul von Zielbauer, Army Colonel Is Acquitted in Abu Ghraib Abuse Case, N.Y. TIMES, Aug. 29, 2007, at A7;
138. Josh White, Abu Ghraib Officer Cleared of Detainee Abuse, WASH. POST, Aug. 29, 2007, at A5;
139. Josh White, Reprimand Is Sentence for Officer at Abu Ghraib, WASH. POST, Aug. 30, 2007, at A3.
140. Josh White, Army Drops More Charges in Officer's Abu Ghraib Case, WASH. POST, Aug. 21, 2007, at A4;
141. Josh White, Officer's Role at Abu Ghraib Played Down, WASH. POST, Aug. 22, 2007, at A14;
142. Dana Milbank, Humiliation at Abu Ghraib, and Then at the Prosecution Table, WASH. POST, Aug. 23, 2007, at A2;
143. Pentagon Justice, Editorial, WASH. POST, Sept. 2, 2007, at B6.
144. U.S. Marine Corps Press Release No. 07-012, Verdict Announced at General Court-Martial in Hamdania Investigation (Aug. 2, 2007), at .
145. U.S. Marine Corps Press Release No. 07-014, Marine Sentenced at General Court-Martial in Hamdania Investigation (Aug. 3, 2007), at .
146. Marine Is Guilty of Conspiracy to Murder, WASH. POST, Aug. 2, 2007, at A7; U.S. Marine Corps Press Release No. 07-013, Marine Sentenced at General Court-Martial in Hamdania (Aug. 3, 2007), at .
147. Marine Found Guilty in Iraqi 's Death, N.Y. TIMES, July 19, 2007, at A10; Paul von Zielbauer, No Time in Prison for Marine Convicted of Kidnapping Iraqi, N.Y. TIMES, July 21, 2007, at A7.
148. Paul von Zielbauer, Marine Corps Squad Leader Is Guilty of Unpremeditated Murder in Killing of an Iraqi Man, N.Y. TIMES, Aug. 3, 2007, at A10.
149. U.S. Marine Corps Press Release, Senior Marine Officers Sanctioned for Haditha Incident (Sept. 5, 2007), at ;
150. see Paul von Zielbauer, General and 2 Colonels Censured for Poor Investigation into Haditha Killings, N.Y. TIMES, Sept. 6, 2007, at A10;
151. Josh White, 3 Marine Officers Censured in Haditha Case, WASH. POST, Sept. 6, 2007, at A10.
152. Paul von Zielbauer, Marines' Trials in Iraq Killings Are Withering, N.Y. TIMES, Aug. 30, 2007, at A1.
153. U.S. Marine Corps Press Release No. 07-015, Charges Dismissed Against Marine in Haditha Iraq Investigation (Aug. 9, 2007), at ;
154. Paul von Zielbauer, Marine Sentenced in Killing of Iraqi, N.Y. TIMES, Aug. 4, 2007, at A6;
155. Tony Perry, Sergeant Convicted in Plot to Kill Iraqi Gets 15 Years, WASH. POST, Aug. 4, 2007, at A9.
156. Josh White, Charges Dropped Against 2 Marines in Haditha Killings, WASH. POST, Aug. 10, 2007, at A2.
157. Paul von Zielbauer, Inquiry Urges End to Charges Against Marine, N.Y. TIMES, Aug. 24, 2007, at A12.
158. U.S. Marine Corps Press Release No. 07-016, Charges Dismissed Against Marine in Haditha, Iraq Investigation (Aug. 9, 2007), at .
159. Josh White, Marine Corps Exonerates Captain in Iraq Killings, WASH. POST, Sept. 19, 2007, at A10.
160. Paul von Zielbauer, At Marine's Hearing, Testament to Violence, N.Y. TIMES, Sept. 1, 2007, at A5;
161. Karl Vick, Witness Describes Iraq Killing, WASH. POST, Sept. 1, 2007, at A3.
162. Soldier Admits Lesser Crimes in Iraq Killings, N.Y. TIMES, July 31, 2007, at A15;
163. Ryan Lenz, Soldier Sentenced to 110 Years for Attack, WASH. POST, Aug. 5, 2007, at A14.
164. The criminal complaint is at .
165. The criminal complaint against the defendant is at .
166. Ex-marine Charged in Iraq Deaths, N.Y. TIMES, Aug. 17, 2007, at A6.
167. Glen Kessler, Administration Moves to Expedite Indian Nuclear Talks, WASH. POST, Apr. 20, 2007, at A17;
168. A Nuclear Test of Wills, ECONOMIST, Apr. 28, 2007, at 66;
169. Amelia Gentleman, India and U.S. Try to Rekindle Stalled Talks on a Nuclear Pact, N.Y. TIMES, June 1, 2007, at A11.
170. The agreement can be found in U.S. Dep't of State Media Note No. 2007/658, U.S. and India Release Text of 123 Agreement (Aug. 3, 2007), at .
171. See Robin Write and Emily Wax, U.S. and India Finalize Controversial Nuclear Trade Pact, WASH. POST, July 28, 2007, at A14.
172. John R. Crook, Contemporary Practice of the United States, 101 AJIL 496 (2007).
173. Somini Sengupta, In Its Nuclear Deal with India, Washington Appears to Make More Concessions, N.Y. TIMES, July 28, 2007, at A7.
174. [Editor's Note: See John R. Crook, Contemporary Practice of the United States, 99 AJIL 912 (2005).]
175. Somini Sengupta, India Debates Its Right to Nuclear Testing, N.Y. TIMES, Apr. 21, 2007, at A3.
176. David E. Sanger, U.S. to Announce a Plan to Give India Additional Help with Civilian Nuclear Technology, N.Y. TIMES, July 27, 2007, at A8.
177. Somini Sengupta, Defending Nuclear Pact, India Premier Faces Jeers, N.Y. TIMES, Aug. 14, 2007, at A10;
178. Rama Lakshmi, Singh Defends Nuclear Deal, WASH. POST, Aug. 14, 2007, at A9;
179. Rama Lakshmi, Indian Premier Seeks to Resolve Dispute over Nuclear Deal, WASH. POST, Aug. 20, 2007, at A12;
180. Somini Sengupta, A Bump in India-U.S. Rapport: Defining Ally, N.Y. TIMES, Aug. 23, 2007, at A3;
181. Emily Wax & Rama Lakshmi, Dissent Threatens U.S.-India Nuclear Cooperation Deal, WASH. POST, Aug. 26, 2007, at A14.
182. North American Free Trade Agreement, Dec. 17, 1992, Can.-Mex.-U.S., ch. 11, 32 ILM 289 & 605, 639 (1993).
183. John R. Crook, Contemporary Practice of the United States, 100 AJIL 243 (2006) & 101 AJIL 222 (2007).
184. Tembec v. United States, Joint Order on the Costs of Arbitration and the Costs of Termination of Certain Arbitral Proceedings (NAFTA Ch. 11 Consolidation Trib. July 19, 2007), at .
185. Id., para. 3.
186. Id., paras 10-11.
187. John R. Crook, Contemporary Practice of the United States 100 AJIL 702 (2006).
188. Tembec v. United States, paras. 79-82.
189. Id., paras. 113-37.
190. Id., para. 120 (footnotes omitted).
191. Id., para. 139.
192. Id., para. 148.
193. Scottish Criminal Cases Review Comm'n News Release, Abdelbasset Ali Mohmed Al Megrahi (June 28, 2007), at . The commission's news release includes a multipage summary of the reasons for its conclusions. Under Scottish law, "the Commission has the power to refer to the High Court of Justiciary any conviction or sentence passed on a person, whether or not an appeal against the conviction or sentence has been heard and determined previously. The consequence of a reference is that the High Court hears an appeal in the case." Id. at 11.
194. Alan Cowell, Lockerbie Ruling Raises Questions on Libyan's Guilt, N.Y. TIMES, June 29, 2007, at A1;
195. Mary Jordan, Libyan in Lockerbie Case Is Granted a New Hearing, WASH. POST, June 29, 2007, at A18.
196. U.S. Dep't of State Daily Press Briefing (June 28, 2007), at .
197. 28 U.S.C. §1350 (2000).
198. See Anna Gabrielidis, Alien Tort Statute Historical Precedents (unpublished memorandum, June 15, 2005), at , and cases cited there.
199. Juan Forero, Unionists' Murders Cloud Prospects for Colombia Trade Pact, WASH. POST, Apr. 10, 2007, at A9;
200. Kyle Whitmire, Suit in U.S. over Murders in Colombia, N.Y. TIMES, July 13, 2007, at C4;
201. Juan Forero, U.S. Firm on Trial in Colombia Slayings, WASH. POST, July 13, 2007, at A12;
202. Juan Forero, U.S. Firm Cleared in Deaths of 3 Colombians, WASH. POST, July 27, 2007, at A18.