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TENTATIVE DRAFT 4 1 (April 1, 1983)

handle is hein.ali/rethdfr0005 and id is 1 raw text is: TO THE MEMBERS OF THE INSTITUTE:
We direct your attention in particular to the following:
In Part IV:
1. §§ 428-29, Act of State. While the heart of the
doctrine is not now controversial there is some disagreement
as to its scope and possible exceptions. See § 428, Com-
ment a.
Chapter 3. Immunity from jurisdiction engenders some
uncertainty but little controversy.
2. § 461. Comment c. Immunity from jurisdiction to
prescribe is hardly mentioned by name but is undisputed
in fact. We have conceptualized and generalized it. See also,
as to international organizations, § 464, Comment c.
3. § 462. Comment a, and Reporters' Note 1. We con-
clude that many differences between diplomatic and con-
sular personnel no longer exist.
-Reporters' Note 12. There has been a change (or
clarification) in both federal and State jurisdiction with
respect to diplomatic and consular personnel. See also
§ 467, Reporters' Note 4.
4. § 463. Asylum. We state what the U.S. sometimes
says as well as what it generally practices; the two are
a bit different.
-5. § 464. Comment d and Reporters' Note 4. We take a
position as to the application of the restrictive theory of
immunity to international organizations different in part
from one the U.S. has taken in a brief.
6. § 465. Reporters' Note 6. We set forth an old con-
troversy between the U.S. and the UN as to the U.S. secur-
ity reservation to the UN Headquarters Agreement.
1

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