Another interesting aspect of this problem is illustrated by the report of the Senate Committee on Foreign Relations on the ratification of the Convention Establishing the Organisation for Economic Co-operation and Development (87th Congress, 1st Session, Executive Rep. 1, 8 March 1961). As indicated therein, in connection with these hearings, the Legal Counsel had to make a statement at the request of the Committee stating: “. nothing in the Convention. gives the executive branch the power to bind the United States on material matters beyond what the executive branch currently has, or Congress to take action in areas that were not previously within the power of Congress. Conversely, nothing in the Convention diminishes the power of the executive or Congress in this regard. Letter of 6 March 1961, pp. point 20 of the report; and see “Contemporary Practice,” 55 A.J.I.L. 697 (1961). 119 The Office has not actively promoted the establishment of such relationships, although the recently created regular section of A. J.I.L., dealing with “contemporary United States practice in international law” and currently being prepared by a group of UNRWA lawyers, is a good starting point in this regard. In addition, the influence of professional associations and law schools on the Office has not been significant, with the exception of occasional law journals or journal articles. In part, the burden of clerical work makes it difficult for lawyers to keep up with outside thinking, although in some respects they are the “recipients” of many reports and articles.
In part, such external thinking is often somewhat unrealistic with respect to the practical problems facing the Office and sometimes represents lobbying by vested interests rather than unbiased science and thinking. One exception that has had a stimulating influence on the office is the work of the American Law Institute in its “Restatement of the Foreign Relations Law of the United States.” Circular 175 does not include considerations leading to a decision on the application of contractual procedures rather than executive agreements in a particular case, but they may include: traditional treatment of subject matter by contract; the absence of clear legislative delegation of powers to the executive branch or of the constitutional authority of the President to enter into an executive agreement; the intention to make the agreement directly enforceable under national law; the fact that the agreement will create important national obligations; and the desirability of a high degree of formality in the agreement. The difficulty of precisely defining the legal and practical boundary between the use of one form or the other was emphasized by Secretary Dulles in his testimony before the Senate Justice Committee on April 6, 1953, on the Bricker Amendment. See Senate hearings on Resolutions 1 and 43, op. cit. Cit. 828 (1953). 117 These cases of conflicting or concurrent jurisdiction, in which a State may be able to require conduct prohibited by another State, constitute one of the most interesting and difficult situations requiring practical arrangements. See generally A.L.I. Restatement, chap.
3, see. 37-65. 41 Occasionally, accidentally or intentionally, the Bureau may never have the opportunity to resolve an essentially legal issue. As a result, a policy maker may not be aware that this is a legal issue, or they may know that the Agency will oppose the proposed course of action and, therefore, will attempt to circumvent this obstacle by excluding the Agency from the licensing process in this matter. Of course, if the prestige of Office is high, such cases will be rare. The main tasks of the functional offices are: economy. —lawyer at the Bureau of Economic Affairs; development assistance and economic development; trade agreements (including GATT); trade policy and tariffs; Problems with goods and P. L. 480; monetary and financial matters (including IBED, IMF, etc.); antitrust law and restrictive business practices; literary and industrial property; trade control; FCN contracts; Work; Dispatch; Aviation; Telecommunication. Contractual matters.— All aspects of international agreements, in particular technical and procedural agreements; choice of contract or performance agreement; internal departmental procedures in accordance with Circular 175; development and presentation of treaty instruments; publication and registration of contracts; maintain contract records; Serve as depositary of the United States. United Nations Affairs: Counsel in the Bureau of International Organizations; all matters concerning the United Nations, its specialized agencies and the International Court of Justice; Connally amendment; space law; the trust territories of the United States; Conferences on the cessation of nuclear weapon testing.
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