Contemporary practice of the United States relating to international law

American Journal of International Law

Volumn 102, Issue 1, 2008, Pages 155-196

  Crook, John R ^a  

^a NONE

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[No Author keywords available]

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EID: 43049116932     PISSN: 00029300     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (176)

1. Thom Shanker & Cara Buckley, U.S. and Iraq to Negotiate Pact on Long-Term Relations, N.Y. TIMES, Nov. 27, 2007, at A6; Zaid Sabah & Ann Scott Tyson, Security Pact on Iraq Would Set U. S. Exit, WASH. POST, Dec. 11, 2007, at A15.
2. [Editor's Note: The Security Council did so extend the MNF-I mandate, in Resolution 1790, adopted December 18.]
3. Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship Between the Republic of Iraq and the United States of America, Nov. 26,2007, at .
4. White House Fact Sheet, U.S.-Iraq Declaration of Principles for Friendship and Cooperation (Nov. 26, 2007), at .
5. Corrie v. Caterpillar, Inc., 503 F.3d 974 (9th Cir. Sept. 17, 2007). The citations here are taken from the slip opinion, which is available at . The plaintiffs include relatives of Rachel Corrie, a young American woman who was killed in 2003 while participating in efforts to prevent the Israeli Defense Forces from bulldozing structures in the south end of Gaza, near the border with Egypt. The circumstances of her death are disputed. The nongovernmental organization with which Corrie was affiliated contends that the operator of an IDF bulldozer intentionally struck her. The IDF and the government of Israel maintain that her death was accidental and that the operator of the armored D9 bulldozer did not see her as she drew close to the machine.
6. Id., slip op. at 12489-90.
7. 28 U.S.C. §1350 (2000).
8. Corrie, slip op. at 12492.
9. Baker v. Carr, 369 U.S. 186 (1962).
10. Corrie, slip op. at 12498-99 (citations omitted).
11. No. 05-56202 (9th Cir. Sept. 24, 2007), at .
12. Vienna Convention on Consular Relations, 21 UST 77, 596 UNTS 261.
13. Cornejo, slip op. at 12988-90 (footnote and citations omitted).
14. Id. at 12994 (footnote omitted).
15. Id. at 13015 (Nelson, J., dissenting).
16. Jogi v. Voges, 480 F.3d 822 (7th Cir. 2007); see John R. Crook, Contemporary Practice of the United States, 100 AJIL 217 (2006).
17. Sudarsan Raghavan, Joshua Partlow, & Karen DeYoung, Blackwater Faulted in Military Reports from Shooting Scene, WASH. POST, Oct. 5, 2007, at A1; David Johnston & John M. Broder, F.B.I. Says Guards Killed 14 Iraqis Without Cause, N.Y. TIMES, Nov. 14, 2007, at A1.
18. At .
19. John M. Broder & James Risen, Armed Guard in Iraq Occupy a Legal Limbo, N.Y. TIMES, Sept. 20, 2007, at Al; Steve Fainaru, Where Military Rules Don't Apply, WASH. POST, Sept. 20, 2007, at A1.
20. Karen DeYoung, On Hill, Rice Talks About Blackwater, WASH. POST, Oct. 26, 2007, at A8.
21. 18 U.S.C 3261-3267 (2000).
22. See .
23. David M. Herszenhorn, House's Iraq Bill Applies U.S. Laws to Contractors, N.Y. TIMES, Oct. 5, 2007, at A1; Jonathan Weisman, House Acts in Wake of Blackwater Incident, Wash. Post, Oct. 5, 2007, at A6.
24. Weisman, supra note 7.
25. Blackwater Guards Subpoenaed by Federal Grand Jury, ABC News (Nov. 19, 2007), at ; David Johnston & John M. Broder, U.S. Prosecutors Subpoena Blackwater Employees, N.Y. TIMES, Nov. 20, 2007, at A10; Blackwater Probe Reportedly Focuses on 3; WASH. POST, Dec. 8, 2007, at A4.
26. The amended complaint is at .
27. Eric Schmitt & Paul von Zielbauer, Accord Tightens Control of Security Contractors in Iraq, N.Y. TIMES, Dec. 5, 2007, at A5; Karen DeYoung, State Dept. Contractors in Iraq Are Reined In, WASH. POST, Dec. 6, 2007, at A24.
28. The Regional Greenhouse Gas Initiative describes itself as "a cooperative effort by Northeastern and Mid-Atlantic states to reduce carbon dioxide emissions." See .
29. See .
30. International Carbon Action Partnership, Political Declaration (Oct. 29, 2007), at .
31. Thus, the U.S. Department of the Interior has proposed designation of polar bears as a threatened species under the U.S. Endangered Species Act, due to the extensive melting of polar sea ice. Felicity Barringer & Andrew C. Revkin, Agency Proposes to List Polar Bears as Threatened, N.Y. TIMES, Dec. 28, 2006, at A16.
32. Andrew C. Revkin, Agency Affirms Human Influence on Climate, N.Y. TIMES, Jan. 10, 2007, at A16; Peter Baker, In Bush's Final Year, the Agenda Gets Greener, WASH. POST, Dec. 29, 2007, at A1.
33. John R. Crook, Contemporary Practice of the United States, 100 AJIL 933 (2006); see Anthony Faiola & Robin Shulman, Cites Take Lead on Environment as Debate Drags at Federal Level, WASH. POST, June 9, 2007, at A1. See section above: U. S. State Governments Join International Carbon Action Partnership on Global Cap and Trade Carbon Markets.
34. The numerous documents adopted at the Bali conference are available at the conference's Web site, .
35. Judith Eilperin, For U.S., Policy Discord Plays Out at Bali Climate Change Talks, WASH. POST, Dec. 11, 2007, at A16; Thomas Fuller, Peter Gelling, & Andrew C. Revkin, U.S. Stand on Quotas Deadlocks Climate Talks, N.Y. TIMES, Dec. 12, 2007, at A12; Juliet Eilperin, Hard Choices on Climate Can Wait for Next President, Aides Indicate, WASH. POST, Dec. 12, 2007, at A24.
36. A UN press release recapping the negotiations is at .
37. Juliet Eilperin & Steven Mufson, Preserving Tropical Forests Is Key Issue at Talks on Global Warming, WASH. POST, Dec. 9, 2007, at A25; Peter Gelling, Focus of Climate Talks Shifts to Helping Poor Countries Cope, WASH. POST, Dec. 13,2007, at A21; Thomas Fuller & Andrew C. Revkin, Nations Near Agreement on Steps to Revive Climate Treaty, N.Y. TIMES, Dec. 15, 2007, at A7; Juliet Eilperin, Climate Change Compromise Plan Offered in Bali, WASH. POST, Dec. 15, 2007, at A17; Juliet Eilperin, Bali Forum Backs Climate 'Road Map,' WASH. POST, Dec. 16, 2007, at A1.
38. John Ward Anderson, E. U. Raises Bar in Fight Against Global Warming, WASH. POST, Mar. 10, 2007, at A15; Juliet Eilperin, U.S. Aims to Weaken G-8 Climate Change Statement, WASH. POST, May 13, 2007, at A9; Helene Cooper & Andrew C. Revkin, U.S. Rebuffs Germany on Greenhouse Gas Cuts, N.Y. TIMES, May 26, 2007, at A3; Juliet Eilperin, U.S. Rejects G-8 Climate Proposal, WASH. POST, May 26, 2007, at A9; Sheryl Gay Stolberg, As Group of 8 Starts Meeting, Bush Rebuffs Germany on Cutting Greenhouse Emissions, N.Y. TIMES, June 7, 2007, at A14.
39. Michael A. Fletcher, G-8 Leaders Back 'Substantial' Cuts in Gas Emissions, WASH. POST, June 8, 2007, at A12.
40. White House Fact Sheet, A New International Climate Change Framework (May 31, 2007), at ; Sheryl Gay Stolberg, Bush Proposes Goal to Reduce Greenhouse Gas, N.Y. TIMES, June 1,2007, at A1; Michael A. Fletcher & Juliet Eilperin, Bush Signals Shift on Warming, WASH. POST, June 1, 2007, at A1.
41. Mark Landler, Bush's Greenhouse Gas Plan Throws Europe off Guard, N.Y. TIMES, June 2, 2007, at A7.
42. Michael A. Fletcher, Bush Sets Emissions Summit, WASH. POST, Aug. 4, 2007, at A7; John Ward Anderson, U.N. Climate Talks End in Cloud of Discord, WASH. POST, Sept. 1, 2007, at A20; Steven Lee Myers, Bush to Skip U.N. Talks on Fighting Global Warming, N.Y. TIMES, Sept. 24, 2007, at A11; Juliet Eilperin, World Leaders Press U.S. to Act on Climate Change, WASH. POST, Sept. 26, 2007, at A8; John M. Broder, At Its Session on Warming, U.S. Is Seen to Stand Apart, N.Y. TIMES, Sept, 28, 2007, at A13; John M. Broder, At Meeting About Global Warming, Bush Does Not Specify Goals, N.Y. T4, Sept. 29, 2007, at A7; Peter Baker & Juliet Eilperin, On Warming, Bush Vows U.S. 'Will Do Its Part, 'WASH. POST, Sept, 29, 2007, at A3.
43. Thomas Fuller & Elisabeth Rosenthal, At Divided Climate Talks, Consensus That U. S. Is at Fault, N.Y. TIMES, Dec. 14, 2007, at A21; Juliet Eilperin, Europeans Raise Ante at Bali Climate Talks, WASH. POST, Dec. 14, 2007, at A1.
44. Cornelia Dean, Even Before Its Release, World Climate Report Is Criticizedas Too Optimistic, N.Y. TIMES, Feb. 2, 2007, at A7; Elisabeth Rosenthal & Andrew C. Revkin, Science Panel Says Global Warming Is 'Unequivocal,' N.Y. TIMES, Feb. 3, 2007, at A1; Elisabeth Rosenthal, U.N. Report on Climate Details Risks of Inaction, N.Y. TIMES, Nov. 17, 2007, at A1; Doug Struck, Emissions Growth Must End in 7 Years, U.N. Warns, WASH. POST, Nov. 18, 2007, at A10; Peter Gelling & Andrew C. Revkin, Climate Talks Take On Added Urgency After Report, N.Y. TIMES, Dec. 3, 2007, at A3. 2007, at A1. A summary of the fourth and most recent Intergovernmental Panel on Climate Change report is at .
45. Juliet Eilperin, 150 Global Firms Seek Mandatory Cuts in Greenhouse Gas Emissions, WASH. POST, Nov. 30, 2007, at A3.
46. Statement by Paula J. Dobriansky, Under Secretary for Democracy and Global Affairs, Before the Senate Foreign Relations Committee (Nov. 13, 2007), at . Dobriansly's longer, written statement is at .
47. John R. Crook, Contemporary Practice of the United States, 101 AJIL 650 (2007). Senator Lugar's statement supporting the treaty prior to the committee's vote is at .
48. Jim Abrams, Senate Panel Backs Sea Treaty, Associated Press (Oct. 31, 2007), at .
49. U.S. Dep't of State Press Statement No. 2007/967, Law of the Sea Convention (Nov. 5, 2007), at .
50. Deputy Secretary of State John Negroponte, Testimony Before the Senate Foreign Relations Committee (Sept. 27, 2007), at .
51. U.S. Helps Crew Retake Freighter from Pirates, WASH. POST, Oct. 31, 2007, at A16; U.S. Military Raises Profile Against Piracy off Somalia, WASH. POST, Nov. 1, 2007, at A15.
52. Pirates Release Ships to U.S. Navy, WASH. POST, Nov. 5, 2007, at A12; Edward Harris, Pirates Leave Ships Under US Navy Escort, Associated Press (Nov. 4, 2007), at .
53. Pirates Release Tanker Crew Unharmed, WASH. POST, Dec. 12, 2007, at A25; Ann Scott Tyson, U.S. Steps Up Anti-piracy Actions, WASH. POST, Dec. 16, 2007, at A33.
54. U.S. Naval Forces Central Command News Release No. 226-07, UPDATE: Crew of North Korean Pirated Vessel Safe (Oct. 30, 2007), at .
55. James Kanter, Plan on Airline Emissions Hints at U.S.-Europe Rift, N.Y. TIMES, Dec. 21, 2007, at C5.
56. On the ETS, see .
57. James Kanter, Europe Acts to Penalize Jet Pollution, N.Y. TIMES, Dec. 21, 2006, at C1; Matthew L. Wald & James Kanter, Plan to Cut Jet Pollution Is Approved in Europe, N.Y. TIMES, Nov. 14, 2007, at C3; European Union Press Release, Environment: Commission Welcomes Council Agreement on Aviation, Regrets Failure on Soil (Dec. 20, 2007), at [hereinafter EU Press Release].
58. EU Press Release, supra note 3.
59. Airlines Face Pollution Limits After EU Deal, GUARDIAN UNLIMITED, Dec. 20, 2007, atlt;http://www.guardian.co.uk/ environment/2007/dec/20/pollution.eu>.
60. Jeffrey N. Shane, Under Secretary for Policy, U.S. Dep't of Transportation, Speech to American Bar Association Forum on Air & Space Law (Oct. 4, 2007), at .
61. At .
62. ICAO Assembly Res. A36-22, Consolidated Statement of Continuing ICAO Policies and Practices Related to Environmental Protection, App. K (Sept. 2007), at .
63. U.S. Dep't of State Media Note No. 2007/828, International Civil Aviation Organization Adopts a Plan to Address Aviation's Impact on the Environment (Oct. 1, 2007), at .
64. Montreal Protocol on Substance That Deplete the Ozone Layer, 26 ILM 1541 (1987).
65. U.S. Dep't of State Media Note No. 2007/794, Accelerated Phase-out of Ozone-Depleting HCFCs (Sept. 22, 2007), at .
66. Michael Abramowitz, Bush Looks to Intensify Pressure on Sudan, WASH. POST, May 29, 2007, at A1; Michael Abramowitz & Colum Lynch, President Imposes New Sanctions on Sudan, WASH. POST, May 30, 2007, at A3.
67. Sheryl Gay Stolberg, Bush to Tighten Fiscal Penalties Against Sudan, N.Y. TIMES, May 29, 2007, at A1; Jad Mouawad, Oil Wealth May Provide a Way for Sudan to Avoid the Full Pain of U.S. Sanctions, N.Y. TIMES, May 30, 2007, at C3.
68. Steven Lee Meyers, Bush, at U.N., Announces Stricter Burmese Sanctions, N.Y. TIMES, Sept. 26, 2007, at A12.
69. U.S. Dep't of State Press Statement No. 2007/823, Burma: U.S. Targets Additional Burmese Officials Under Visa Ban (Sept. 28, 2007), at .
70. 50 U.S.C. §§1701-1706 (2000).
71. David S. Cloud, Bush Imposes New Sanctions on Myanmar, N.Y. TIMES, Oct. 20, 2007, at A7; Peter Baker, Bush Sets New Sanctions Against Burmese Military Junta, WASH. POST, Oct. 20, 2007, at A11.
72. Exec. Order No. 13,448, Blocking Property and Prohibiting Certain Transactions Related to Burma, 72 Fed. Reg. 60,223 (Oct. 19, 2007) (citations omitted).
73. White House Fact Sheet, President Bush Announces Added Sanctions Against Leaders of Burma's Regime (Oct. 19, 2007), at .
74. Robin Wright, Iranian Unit to Be Labeled 'Terrorist, 'WASH. POST, Aug. 15, 2007, at A1; Helene Cooper & Nazila Fathi, Terrorist Label for Iran Guard Reflects U.S. Impatience with U.N., N.Y. TIMES, Aug. 16, 2007, at A11; Helene Cooper, New Steps by U.S. Against Iranians, N.Y. TIMES, Oct. 25,2007, at A1; Robin Wright, U.S. to Impose New Sanctions Targeting Iran 's Military, WASH. POST, Oct. 25, 2007, at A1.
75. Nazila Fathi, Iranians Dismiss Sanctions from U.S., N.Y. TIMES, Oct. 27, 2007, at A7.
76. U.S. Dep't of State Fact Sheet No. 2007/928, Designation of Iranian Entities and Individuals for Proliferation Activities and Support for Terrorism (Oct. 25, 2007), at .
77. Scott Shane, David Johnston, & James Risen, Secret U.S. Endorsement of Severe Interrogations, N.Y. TIMES, Oct. 4, 2007, at A1.
78. See John R. Crook, Contemporary Practice of the United States, 99 AJIL 479 (2005); Scott Shane, A Firsthand Experience Before Decision on Torture, N.Y. TIMES, Nov. 7, 2007 at A20 (acting head of the Department of Justice Office of Legal Counsel voluntarily underwent waterboarding prior to issuing the 2004 Justice Department memorandum declaring torture to be abhorrent to American values.)
79. See John R. Crook, Contemporary Practice of the United States, 100 AJIL 232 & 455 (2006).
80. Shane et al., supra note 1.
81. White House Press Briefing, Oct. 4, 2007, at .
82. David Johnston & Scott Shane, Debate Erupts on Techniques Used by C.I.A., N.Y. TIMES, Oct. 5, 2007, at A1; Dan Eggen & Michael Abramowitz, Congress Seeks Secret Memos on Interrogation, WASH. POST, Oct. 5, 2007, at A1.
83. Scott Shane, Nominee Describes Harsh Interrogation as Repugnant, N.Y. TIMES, Oct. 31, 2007, at A16; Scott Shane, Nominee's Stand May Avoid Tangle of Torture Cases, N.Y. TIMES, Nov. 1, 2007, at A1.
84. Carle Hulse, Mukasey Wins Vote in Senate, Despite Doubts, N.Y. TIMES, Nov. 9, 2007, at A1; Dan Eggen & Paul Kane, Senate Confirms Mukasey by 53-40, WASH. POST, Nov. 9, 2007, at A1.
85. John R. Crook, Contemporary Practice of the United States, 101 AJIL 657 (2007); U.S. Deports Alleged Torture Camp Interrogator, WASH. POST, Oct. 31, 2007, at A16.
86. A fact sheet on the unit is at .
87. R. Jeffrey Smith, 26 Bosnian Serbs Arrested in U.S., WASH. POST, Dec. 16, 2006, at A3.
88. U.S. Accuses Bosnian Refugee of War Crimes, WASH. POST, Dec. 16, 2007, at A18.
89. For background on the hearing, see Senator Dick Durbin's November 14 press release, Durbin Holds First Ever Hearing on U.S. Enforcement of Human Rights Law, at .
90. Statement of Marcy M. Forman, Director, Office of Investigations, U.S. Immigration and Customs Enforcement, U.S. Dep't of Homeland Security, Before U.S. Senate Committee on the Judiciary, Subcomm. on Human Rights and the Law (Nov. 14, 2007), at .
91. U.S. Dep't of Defense News Release No. 1432-07, Guantanamo Detainee Charged (Dec. 21, 2007), at . The charges against al Darbi are at .
92. Guantanamo Prisoner Accused in Al-Qaeda Plot, WASH. POST, Dec. 21, 2007, at A20; Charged Detainee Is Hijacker's Brother-in-law, WASH. POST, Dec. 22, 2007, at A2.
93. U.S. Dep't of Defense News Release No. 1165-07, Detainee Transfer Announced (Sept. 28, 2007), at .
94. U.S. Dep't of Defense News Release No. 1166-07, Detainee Transfer Announced (Sept. 29,2007), at .
95. U.S. Dep't of Defense News Release No. 1276-07, Detainee Transfer Announced (Nov. 4,2007), at ; 11 Detainees Returned to Home Nations, WASH. POST, Nov. 5, 2007, at A12.
96. U.S. Dep't of Defense News Release No. 1303-07, Detainee Transfer Announced (Nov. 9,2007), at ; 14 Saudi Detainees Freed from Guantanamo, WASH. POST, Nov. 11, 2007, at A14.
97. U.S. Dep't of Defense News Release No. 1399-07, Detainee Transfer Announced (Dec. 12, 2007), at .
98. U.S. Dep't of Defense News, Detainee Transfer Announced (Dec. 20, 2007), at ; Britain: 3 from Guantanamo Freed in London, N.Y. TIMES, Dec. 21, 2007, at A16.
99. Denmark Refuses to Take Gitmo Detainees, MIAMI HERALD, Nov. 30, 2007, at .
100. William Glaberson, Ex-prosecutor Says He Was Pushed Toward Closed Trials at Guantanamo, N.Y. TIMES, Oct. 20, 2007, at A10; Josh White, Pressure Alleged in Detainees'Hearings, WASH. POST, Oct. 21, 2007, at A15; Jess Bravin, Political Sway at Guantanamo?, WALL ST. J., Oct. 27, 2004, at A4.
101. Brig. Gen. Thomas W. Hartmann, There Will Be No Secret Trials, L.A. TIMES, Dec. 19, 2007, at .
102. Daniel Zwerdling, Respected Marine Lawyer Alleges Military Injustices, National Public Radio, All Things Considered (Oct. 30, 2007), at .
103. John R. Crook, Contemporary Practice of the United States, 100 AJIL 936 (2006).
104. Josh White & Joby Warrick, U.S. to Allow Key Detainees to Request Lawyers, WASH. POST, Sept. 28, 2007, at A1.
105. William Glaberson, Legal Aid Offer for Detainees Is Retracted, N.Y. TIMES, Sept. 29, 2007, at A9.
106. Camp Delta Standard Operating Procedures (SOP), Mar. 28, 2003, at .
107. William Glaberson, Guantanamo Detainees Were Denied Access to Red Cross, N.Y. TIMES, Nov. 16, 2007, at A20.
108. Josh White, Now Online, a Guide to Detainee Treatment, WASH. POST, Dec. 4, 2007 at A19. A critical comparison of the 2003 and 2004 manuals by a nongovernmental organization is at .
109. 28 U.S.C. §1350 (2000).
110. In his separate opinion, see infra note 3, slip. op. at 39, Judge Katzman cited the following cases: Almog v. Arab Bank, PLC, 471 F.Supp.2d 257, 287 (E.D.N.Y. 2007), Presbyterian Church of Sudan v. Talisman Energy, Inc., 453 F.Supp.2d 633, 668 (S.D.N.Y. 2006); Bowoto v. Chevron Corp., No. C 99-02506 SI, 2006 WL 2455752, *3-4 (N.D.Cal. Aug. 22, 2006); and In re "Agent Orange"Prod. Liab. Litig., 373 F.Supp.2d 7, 52-54 (E.D.N.Y. 2005).
111. 504 F.3d 254 (2d Cir. Oct. 12, 2007) (per curiam). The citations here are taken from the slip opinion, which is available at .
112. 28 U.S.C. §1350 note (2000).
113. 18 U.S.C. §§1961-1968 (2000).
114. In re S. African Apartheid Litig., 346 F.Supp.2d 538, 542 (S.D.N.Y. 2004).
115. Khulumani, slip. op. at 8.
116. Id. at 9.
117. Id. at 12.
118. Id. at 14 n. 13.
119. Id. at 26-27 (Katzman, J., concurring) (quoting Flores v. S. Peru Copper Corp., 414 F.3d 233 at 248 (2d Cir. 2003)).
120. 542 U.S. 692 (2004). Sosa restricted ATCA liability to claims for violations of international legal norms that are broadly accepted and that are defined with a degree of specificity comparable to offenses such as piracy, violation of safe conducts, and infringement of the rights of ambassadors.
121. Khulumani, slip op. at 27-38 (Katzman, J., concurring).
122. July 17, 1998, 2187 UNTS 3.
123. Khulumani, slip op. at at 39 (Katzman, J., concurring).
124. Id. at 52, 55 (Hall, J., concurring).
125. Id. at 58.
126. Id. at 60.
127. Id. at 74-75 (Korman, J., concurring in part and dissenting in part) (citing Sosa, 542 U.S. at 733 n.21).
128. Id. at 68-69.
129. Id. at 147.
130. See
131. Josh White & Joshua Partlow, U.S. Aims to Lure Insurgents with 'Bait, 'WASH. POST, Sept. 24, 2007, at A1; Paul von Zielbauer, Snipers Killed Iraqis Who Took "Bait, "Soldiers Testify, N.Y. TIMES, Sept. 25, 2007, at A13; Paul von Zielbauer, Testimony in Court-Martial Describes a Sniper Squad Pressed to Raise Body Count, N.Y. TIMES, Sept. 29, 2007, at A12; Paul von Zielbauer, Court-Martial to Open in Killings of 3 Iraqis, N.Y. TIMES, Nov. 6, 2007, at A12.
132. Zeilbauer, Court-Martial to Open in Killings o f3 Iraqis, supra note 1; Paul von Zeilbauer, Military Jury Acquits Army Sniper of Premeditated Murder in Killings of 3 Iraqis, N.Y. TIMES, Nov. 9, 2007, at A6; Multinational Force Iraq Press Release No. 20071110-14, Soldier Found Not Guilty of Murder (Nov. 10, 2007), at .
133. Katarina Kratovac, Soldier Pleads Not Guilty in Killing of Iraqis, WASH. POST, Sept. 27, 2007, at A18; Katarina Kratovac, Killing of Unarmed Iraqi Described at Court-Martial, Sept. 28, 2007, at A15; Paul von Zielbauer, Army Sniper Acquitted of Murder in 2 Deaths, N.Y. TIMES, Sept. 29, 2007, at A5; Army Sniper, Acquitted of Murder, Is Sentenced for Planting Evidence, WASH. POST, Sept. 30, 2007, at A23.
134. H.Res. 106, at .
135. U.S. Dep't of State Press Statement No. 2007/872, U.S. Administration Regrets House Foreign Affairs Committee Vote on H.Res. 106 (Oct. 10, 2007), at .
136. Carl Hulse, As Turks Object, Genocide Motion Falters in House, N.Y. TIMES, Oct. 17, 2007, at A1; Elizabeth Williamson, Support Wanes for Armenian Genocide Bill, WASH. POST, Oct. 17, 2007, at A3; Carl Hulse, House Speaker Now Unsure If Armenian Genocide Motion Will Reach a Vote, N.Y. TIMES, Oct. 18, 2007, at A14; Carl Hulse, U.S. and Turkey Thwart Armenian Genocide Bill, N.Y. TIMES, Oct. 26, 2007, at A12.
137. Steven Lee Myers, U.S. Finding Says Iran Halted Nuclear Arms Effort in 2003, N.Y. TIMES, Dec. 4, 2007, at A1; Dafna Linzer & Joby Warrick, U.S. Finds That Iran Halted Nuclear Arms Bid in 2003, WASH. POST, Dec. 4, 2007, at A1.
138. Key Judgments from a National Intelligence Estimate on Iran 's Nuclear Activity, N.Y. TIMES, Dec. 4, 2007, at A10.
139. William J. Broad & David E. Sanger, U.S. Showed the World Exhibit A, Iran as Nuclear Threat; Now Exhibit B Upends It, N.Y. TIMES, Dec. 4, 2007, at A14; Mark Mazzetti, New Data, New Methods, New Conclusion, N.Y. TIMES, Dec. 5, 2007, at A12; Joby Warrick & Walter Pincus, Lessons of Iraq Guided Intelligence on Iran, WASH. POST, Jan. 5, 2007, at A1. Some Republican members of Congress criticized the new assessment, and some com-mentators contended that it reflected manipulation of intelligence for political ends by CIA personnel. Robin Wright & Glenn Kessler, Review of Iran Intelligence to Be Sought, WASH. POST, Dec. 7, 2007, at A9.
140. Steven Erlanger & Isabel Kershner, Israel Insists That Iran Still Seeks a Bomb, N.Y. TIMES, Dec. 5, 2007, at A12; Nazila Fathi, Iran Hails U.S. Report That It Ended Bid for Nuclear Arms, N.Y. TIMES, Dec. 5, 2007, at A13; Elaine Sciolino, Monitoring Agency Praises U.S. Report, but Keeps Wary Eye on Iran, N.Y. TIMES, Dec. 5, 2007, at A13; Nazila Fathi, Iranian Leader Calls Report U.S. Confession of 'Mistake," N.Y. TIMES, Dec. 6, 2007, at A12; Steven Erlanger, Iran Still a Nuclear Threat, Israel Tells U.S. Military Chief, N.Y. TIMES, Dec. 11, 2007, at A12.
141. Steven Lee Myers & Helene Cooper, Bush Insists Iran Remains a Threat Despite Arms Data, N.Y. TIMES, Dec. 5, 2007, at A1.
142. Michael Abramowitz & Robin Wright, Bush Tells Iran to Disclose Nuclear Activities, WASH. POST, Dec. 6, 2007, at A4; Ann Scott Tyson, Iran Aims 'to Foment Instability,' Gates Says, WASH. POST, Dec. 9, 2007, at A27.
143. Katrin Bennehold, Despite Report, France and Germany Keep Pressure on Iran, N.Y. TIMES, Dec. 7, 2007, at A6; Matthew Lee, NATO Envoys Back Rice in Urging Iran Sanctions, WASH. POST, Dec. 7, 2007, at A34; Steven Lee Myers & Thom Shanker, White House Is Confident of Broad Support on Iran, N.Y. TIMES, Dec. 12, 2007, at A14.
144. John R. Crook, Contemporary Practice of the United States, 101 AJIL 666, 668 (2007); Robin Wright, U.S. Starts a Push for Tighter Sanctions on Iran, WASH. POST, Sept. 13, 2007, at A14; Thom Shanker, Rice Says Paris Agrees on Pressing the Iranians, N.Y. TIMES, Sept. 22, 2007, at A6; John F. Burns, Britain Takes Tougher Stance on Sanctions Against Iran, N.Y. TIMES, Nov. 13, 2007, at A5; Robin Wright, New U.N. Iran Resolution Considered, WASH. POST, Dec. 11, 2007, at A17.
145. Peter Baker & Robin Wright, A Blow to Bush's Tehran Policy, WASH. POST, Dec. 4, 2007, at A1; Elaine Sciolino, Europeans See Murkier Case for Sanctions, N.Y. TIMES, Dec. 4, 2007, at A16; Meyers & Cooper, supra note 5.
146. Andrew E. Kramer, Russia Settles Issues on Iran Nuclear Power Plant, N.Y. TIMES, Dec. 14, 2007, at A10; Helene Cooper, Russia Delivers Its Nuclear Fuel to Plant in Iran, N.Y. TIMES, Dec. 18, 2007, at A1; Peter Finn, Russia Ships First Lot of Nuclear Fuel to Iran, WASH. POST, Dec. 18, 2007, at A12.
147. Robin Wright, Deepening China-Iran Ties Weaken Bid to Isolate Iran, WASH. POST, Nov. 18, 2007, at A20.
148. Michael Slackman & Nazila Fathi, On Two Fronts, One Nuclear, Iran Is Defiant, N.Y. TIMES, Sept. 3,2007, at A1; Nasser Karimi, Iran Says It Is Now Running 3,000 Uranium Centrifuges, WASH. POST, Sept. 3, 2007, at A12; Elaine Sciolino & Peter Kiefer, Iran Has New Nuclear Negotiator, but Similar Stance, N.Y. TIMES, Oct. 24, 2007, at A6.
149. Warren Hoge, Iran President Vows to Ignore U.N. Measures, N.Y. TIMES, Sept. 26, 2007, at A1; Peter Baker & Robin Wright, At U.N., Iranian Leader Is Defiant on Nuclear Efforts, WASH. POST, Sept. 26, 2007, at A1.
150. Elaine Sciolino, On Nuclear Seesaw, the Balance Seems to Shift to Iran, N.Y. TIMES, Nov. 30, 2007, at A12; John F. Burns, As Talks with Europe End, Iran Gives No Sign of Concession on Nuclear Program, N.Y. TIMES, Dec. 1, 2007, at A8.
151. Elaine Sciolino & William J. Broad, To Iran and Its Foes, an Indispensable Irritant, N.Y. TIMES, Sept. 17, 2007, at A1.
152. George Jahn, IAEA Chief Exhorts Iran's Critics to Avoid Threats of Force, WASH. POST, Sept. 18, 2007, at A16.
153. Elaine Sciolino, Plan Released by Iran and U.N. Atomic Agency Is Faulted, N.Y. TIMES, Aug. 29, 2007, at A8; Sciolino & Broad, supra note 15; The Iran Impasse, Editorial, WASH. POST, Sept. 26, 2007, at A18; The 'Crazies' and Iran, Editorial, N.Y. TIMES, Sept. 27, 2007, at A30.
154. Elaine Sciolino & William J. Broad, Report Raises New Doubts on Iran Nuclear Program, N.Y. TIMES, Nov. 16, 2007, at A12; Robin Wright, U.S. to Seek New Sanctions Against Iran, WASH. POST, Nov. 16, 2007, at A22; Ariane Bernard & Elaine Sciolino, Nuclear Agency Says Iran Has Improved Cooperation, WASH. POST, Nov. 23, 2007, at A14.
155. Hoge, supra note 13; David E. Sanger & Thom Shanker, Washington Sees an Opportunity in Iranian 's Defiance, N.Y. TIMES, Sept. 27, 2007, at A6.
156. Helene Cooper & Steven R. Weisman, West Tries a New Tack to Block Iran 's Nuclear Agenda, N.Y. TIMES, Jan. 2, 2007, at A3; Steven R. Weisman, Europe Resists U.S. on Curbing Ties with Iran, N.Y. TIMES, Jan. 30, 2007, at A1; Glenn Kessler, Faulting Allies' Anti-terrorism Efforts, WASH. POST, June 6, 2007, at A4.
157. Steven R. Weisman, Lack of ID Data Impedes U.N. Sanctions Against Iran, N.Y. TIMES, Sept. 17, 2007, at A3; Steven Mufson & Robin Wright, Iran Adapts to Economic Pressure, WASH. POST, Oct. 29, 2007, at A1.
158. Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-personnel Mines and on Their Destruction, Sept. 18, 1997, 36 ILM 1507 (1997).
159. U.S. Dep't of State Fact Sheet No. 2007/999, United States Leadership in Clearing Landmines and Saving Lives (Nov. 13, 2007), at .
160. Treaty Between the United States of American and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter Range Missiles, Washington, Dec. 8, 1987, 27 ILM 90 (1988). For background on the history of the INF Treaty, see .
161. Andre de Nesnera, Russia Threatens to Withdraw from INF Treaty, Voice of America (Dec. 14, 2007), at .
162. U.S. Dep't of State Media Note No. 2007/932, Joint U.S.-Russian Statement on the Treaty on the Elimination of Intermediate-Range and Shorter-Range Missiles at the 62nd Session of the UN General Assembly (Oct. 25, 2007), at .
163. Office of the U.S. Trade Representative Press Release, United States to Request Arbitration Challenging Canada's Implementation of the 2006 Softwood Lumber Agreement (Aug. 7, 2007), at . The U.S. request for arbitration is at . A press release of an association of U.S. lumber producers supporting the U.S. government action is at .
164. See .
165. See LCIA Arbitration Rule 30, at .
166. The parties' unusual decision to utilize the LCIA for dispute settlement under the SLA perhaps reflects discontent with the complex, potentially fragile mechanism for settling interstate disputes under Chapter 20 of the North American Free Trade Agreement, and unwillingness to extend that mechanism to additional types of disputes under the SLA. Under NAFTA Chapter 20, four of the five members of dispute settlement panels are supposed to be selected from rosters of distinguished persons previously designated by the parties, with each party selecting two persons of the opposing nationality. The parties are then supposed to agree on the presiding arbitrator; failing agreement, one party, determined by lot, makes the appointment. There is no appointing authority empowered to make appointments if either party fails to act, potentially permitting a recalcitrant party to frustrate the process.
167. Office of the U.S. Trade Representative Press Release, supra note 1.
168. Foreign Affairs and International Trade Canada News Release No. 108, Statement from Minister Emerson on Softwood Lumber Agreement (Aug. 7, 2007), at .
169. Tribunal May Rule on US-Canada Lumber Spat in Feb, Reuters Canada (Dec. 12, 2007), at .
170. Information on the Hague Conference is available at its Web site, .
171. John R. Crook, Contemporary Practice of the United States, 100 AJIL 461 (2006); see Jane Gross, U.S. Joins Overseas Adoption Overhaul Plan, N.Y. TIMES, Dec. 11, 2007, at A25.
172. U.S. Dep't of State Media Note No. 2007/1029, President Bush Signs Off on Ratification of the Hague Convention on Intercountry Adoption (Nov. 21, 2007), at .
173. John R. Crook, Contemporary Practice of the United States, 101 AJIL 880 (2007); see David Lynch, Rice Presses Congress to OK Latin American Trade Pacts, USA TODAY, Oct. 10, 2007, at 3B; Steven R. Weisman, Trade Deal with Peru likely to Pass House Vote, N.Y. TIMES, Nov. 7, 2007, at A9; Pass the Peruvian F.T.A., Editorial, N.Y. TIMES, Nov. 7, 2007, at A26; Steven R. Weisman, Trade Accord Reopens a Rift by Democrats, N.Y. TIMES, Nov. 9, 2007, at A1; Mark Drajem, House Sends Free-Trade Pact with Peru to Vote in Senate, WASH. POST, Nov. 9, 2007, at D3; Juliet Eilperin, How Trade Breakthrough Almost Broke Down in Congress, WASH. POST, Nov. 22, 1007, at A12.
174. Steven R. Weisman, Senate Votes to Approve Trade Deal with Peru, N.Y. TIMES, Dec. 5, 2007, at C3; Jim Abrams, After House, Senate Votes 77 to 18 for Peru Trade Bill, WASH. POST, Dec. 5, 2007, at D3.
175. President Bush Addresses the United Nations General Assembly (Sept. 25, 2007), at .
176. Alan Feuer, In Surprise, Oilman Admits Iraq Kickbacks, N.Y. TIMES, Oct. 2, 2007, at A12; Colum Lynch, Sixth Guilty Plea in Iraq Oil-for-Food Scheme, WASH. POST, Oct. 2, 2007, at A15; Alan Feuer, One-Year Term for Oilman Convicted in Iraq Kickbacks, N.Y. TIMES, Nov. 28, 2007, at A12; Texan Sentenced to 1 Year in Oil-for-Food Scam, WASH. POST, Nov. 28, 2007, at A2.