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1 Int'l L. News 1 (1972)

handle is hein.journals/inrnlwnw1 and id is 1 raw text is: go NATIONAL INSTITUTE ON FAR EAST The Section of International and Comparative Law will sponsor an American Bar Association National Institute on the Legal Aspects of Doing Business in the Far East, to be held on May 19 and 20, 1972 at the Waldorf Astoria Hotel in New York City. This National Institute will bring together leading experts on trade and investment in Japan and other Far East Asian nations which are of current interest to American and foreign lawyers and businessmen. Detailed information will be mailed to all Section members well in advance of the program, but calendars should be marked now. CONSTITUTIONAL WAR POWERS HEARING TO BE HELD At the Association's Annual Meeting in July, the House of Deleates concurred with the Assembly in the adoption of a resolution concerned with the problem of the respective powers under the Constitution of the President and of the Congress to enter into and conduct war. The resolution, in effect, requested the Section of International and Comparative Law and the Standing Committee on World Order Under Law to study and report on the respective powers under the Constitution. A committee has been appointed, and Lyman Tondel has been named its Chairman. The Section's Commit- tee, in cooperation with the Standing Committee, will conduct an open public hearing on the subject study on Saturday, February 5, 1972, at 2:30 p.m. in the Explorers' Room of the Fairmont-Roosevelt Hotel in New Orleans. Anyone who is to present views orally should communicate no later than January 15, 1972 with George J. Wade, 53 Wall Street, New York, New York 10005, stating the general nature of the presentation and the approximate time it will take. In addition, anyone desiring to do so may present written materials or views either at or after the hearing on February 5. Anyone wanting to present such views in writing should advise Mr. Wade prior to February 5, but written materials will be received up to May 1, 1972. It is emphasized that this study is not concerned with whether American policy in Vietnam has been right or wrong. The Section's special Committee reserves the right to declare irrelevant, proffered views or materials that do not deal with the subject issues. SECTION RESOLUTIONS APPROVED BY ABA At the Annual Meeting of the Association, the House of Delegates approved the following three recommendations presented by the Section (a) VIENNA CONVENTION ON THE LAW OF TREATIES - A resolution whereby the American Bar Association recom- mends that the President transmit to the United States Senate, for its advice and consent, the Vienna Convention on the Law of Treaties and that the Senate give its advice and consent to ratification of the Convention without reservation. The Vienna Convention would govern the formation, operation, interpreta- tion, invalidity, material breach, suspension, and termination of treaties The Convention also would establish a Conciliation Commission for conciliation of certain treaty disputes which do not affect a peremptory norm of general international law Ijus cogens). As of November 11, 1971, 47 states had signed the Convention, and nine have become party by ratification or accession. The Convention will enter into force on the 30th day following the date of deposit of the 35th instrument of ratification or accession. On November 22, 1971, the President sent the Convention to the Senate for its advice and consent. (b) FEDERAL SERVICE ABROAD - A resolution wherein the American Bar Association recommends that the Federal Judicial Code be amended to provide that (1) upon application by an administrative tribunal, a federal Distri:t Court may order, under the Federal Rules of Civil Procedure for service of process, service in a foreign country of a document issued in connection with a proceeding in the administrative tribunal, dnd (2) upon formal application of an administrative tribunal, a District Court may order the taking of a deposition in a foreign country for evidentionary use in the tribunal. (c) PRISONERS OF WAR - A resolution which addressed the problem of humanitarian treatment required by inter- national law and the 1949 Geneva Convention relating to the treatment of Prisoners cf War. This resolution provides that the American Bar Association call upon all appropriate organizations of lawyers of the countries of the world to convey to their respective governments their deep concern that the provisions of the 1949 Geneva Convention relative to the treatment of Prisoners of War should be applied in every case of armed conflict and to encourage governments to take whatever actions are possible to convey their concern to all

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