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tice), Princeton University; and 1968-69: Fellow, Center for Advanced Study in the Behavioral Sciences, Stanford, Calif.

Principal Professional Activities.- Vice President, American Society of International Law; Research Director, North American Team, World Order Models, Project; Co-Director, Project on the Future of the International Legal Order; Editorial Board, Foreign Policy Magazine and American Journal of International Law; Chairman, Consultative Council, Lawyers' Committee on American Policy Toward Vietnam; Member, Committee on the Environment, National Policy Council of the Democratic Party ; Member, Executive Council, Federation of American Scientists; Member, Board of Directors, Foreign Policy Association; Member, Board of Trustees, Fund for Peace and Procedural Aspects of International Law Institute.

PUBLICATION-BOOKS

Laro, War and Morality in the Contemporary World, 120 pp., Praeger, 1963.

The Role of Domestic Courts in the International Legal Order, 184 pp., Syracuse University Press, 1964.

Security Disarmament, ed. with Richard J. Barnet, Princeton University Press, 1965.

The Strategy of World Order, ed. with Saul Mendlovitz, 4 Vols., New York, World Law Fund, 1966.

International Law and Organization: An Introductory Reader, Ed. with Wol. fram Hanrieder, 346 pp., Philadelphia, J. B. Lippincott Co., 1968.

Legal Order in a Violent World, 610 pp., Princeton University Press, 1968.

Neutralization and World Politics, with C. E. Black, Klaus Knorr and Oran R. Young, Princeton University Press, 1968.

The New States and International Legal Order, 102 pp., Leyden, A. W. Sijthoff, 1968.

Editor, The Vietnam War and International Law, Princeton University Press, Vol. I, 1968, Vol. II, 1969.

The Future of the International Legal Order, ed. with Cyril E. Black, Princeton University Press, Vol. 1, 1969, Vol. II, 1970, Vol. III, 1971.

The status of Law in International Society, Princeton, Princeton University Press, 1970.

This Endangered Planet, New York, Random House, 1971.

Crimes of War, ed. with R. J. Lifton and G. Kolko, New York, Random House, 1971.

The International Law of Civil War, ed., Baltimore, Johns Hopkins University Press, 1971.

CHAPTERS IN BOOKS “Jurisdiction, Immunities and Acts of State: Suggestions for a Modified Approach,” in Essays on International Jurisdiction, 1961.

“Revolutionarly Nations and the Pattern of International Legal Order," 310–31, in The Revolution in World Politics, ed. Morton A. Kaplan, John Wiley, 1962.

“Space Espionage and World Order: A Consideration of the Samos-Midas Program, 45–82 in Essays on Espionage and International Law, Ohio State U. Press.

"The Legitimacy of Legislative Intervention by the United States," 31-62, in Essays on Intervention, ed. R. J. Stanger, Ohio State U. Press, 1964.

"Janus Tormented: The International Law of Internal War," 185–248, in International Aspects of Civil Strife, ed., J. N. Rosennau, Princeton University Press, 1964.

"Toward a Responsible Procedure for the National Assertion of Protested Claims to Use Space,” 91-120, in H. Taubenfeld, ed., Space and Society, 1964.

World Law and Human Conflict," 227–249, in Elton B. McNeil, ed., The Nature of Human Conflict, Englewood Cliffs, N.J., Prentice-Hall, Inc., 1965.

"The Sabbatino Controversy," 1-70, in Lyman M. Tondel, Jr., ed., The Aftermath of Sabbatino, Background Papers and Proceedings of the Seventh Hammarskjold Forum, Dobbs Ferry, N.Y., Oceana Publications, Inc., 1965.

“World Revolution and International Order," 154–177, in Revolution, XOMOS VIII, 1966.

“Confrontation Diplomacy: Indonesia's Campaign to Crush Malaysia." 127–174, in Lawrence Scheinman and David Wilkinson, International Law and Political Crisis: An Analytic Cascbook, Boston, Little, Brown and Co., 1968.

"International Law and the Conduct of the Vietnam War," 22-27, in In the Name of America, New York, Clergy and Laymen Concerned About Vietnam, 1968.

“Stress-Seeking and the Legal Order: Some Positive Correlations," 239-263, in Samuel 2. Klausner, ed., Why Man Takes Chances, Garden City, New York, Doubleday and Co., 1968.

"Restraining United States Policy,” 54–72, 79–80, in New Directions in C.S. Foreign Policy, Foreign Policy Association, New York.

"External Legitimacy and Developing Nations, in Willard A. Beling and George (). Totten, eds., Developing Nations: Quest for a Model, 226-243, New York, Van Nostrand, Reinhold, 1970.

**The Beirut Raid and the International Law of Retaliation,” reprinted in Morton A. Kaplan, ed., Great Issues of International Politics, 32-61, Chicago, Aldine Publishers, 1970.

"Preface,” in Minerva, M. Etzioni, The Majority of One, 9–14, Beverly Hills, Calif., Sage Publications, 1970.

"Renunciation of Nuclear Weapons U'se,” in Bennett Boskey and Mason Willrich, eds., Nuclear Proliferation: Prospects, 133-145, New York, Dunellen, 1971.

ARTICLE-1959

"The United States and the Doctrine of Nonintervention in the Internal Affairs of Independent States," Howard Law Journal, V (June 1959), 163–189.

"International Jurisdiction: Horizontal and Vertical Conceptions of Legal Order, Temple Law Quarterly, XXXII, (Spring 1959), 295–320.

"Some Criticism of C. Wilfred Jenks' Approach to International Law," (with Saul 11. Mendlovitz), Rutgers Law Review, XIV (Fall 1959), 1–36.

"The Relevance of Contending Systems of Public Order to the Delimitation of Legal Competence,” Proceedings of the American Society of International Law (1959), 173-182.

1961

"American Intervention in Cuba and the Rule of Law," Ohio State Laic Journal, XXII (Spring 1981), 516-585.

"The Relations of Law to Culture, Power and Justice," Ethics, LXII (October 1961), 12 27.

"The Bellagio Conference on Legal Positivism,” (with Samuel I. Shuman), Journal of Legal Education, XIV (1961), 213-228; translated into Italian as "Un Colloquio sul Positivismo Guiridico,' Revista di Diritto Civile, VII (1961), 3-17.

"Toward a Theory of the Participation of Domestic Courts in the International Legal Order: A Critique of Banco Nacional de Cuba v. Sabbatino," Rutgers Law Reviewo, XVI (1961), 1-41.

1962

“The Predicament of Edmond Cahn," Howard Law Journal (Spring 1962).

“Historical Tendencies, Modernizing and Revolutionary Nations and the International Legal Order,Howard Law Journal, 8 (1962), 128–151.

1963

“Some Thoughts in Support of a No-First-Use Proposal,” 37–56, in Proposal for No First Ise of Nuclear Weapons, published by the Center of International Studies (Princeton University) as Policy Memorandum 28, September 1903.

1964

"The Adequacy of Contemporary Theories of International Law-Gaps in Legal Thinking," Virginia Law Review, L (1964).

"The ('omplexity of Sabbatino," The American Journal of International Lair, Vol. 58, No. 4 (October 1961), 935-951.

"On Identifying and Solving the Problem of Compliance with International Law, Proceedings of the American Society of International Law (1964), 1–9.

“The Role of Domestic Courts in the International Legal Order," Indiana Law Journel (1964), 429-445.

1965

"International Legal Order: Alywn V. Freeman v. Myres S. McDougal," American Journal of International Law, Vol. 59, No. 1 (January 1965), 66–71.

The Authority of the United Nations to Control Non-Members, Center of International Studies (Princeton University), Research Monograph 18, 1965.

**The Claimants of Hiroshima,” The Nation, Vol. 200, No. 7, (February 1965), 157-161.

1965-66

"The Revolution in Peace Education," Saturday Review (May 1966), 59-61, 77.

"The Shimoda Case: Legal Appraisal of the Atomic Attacks upon Hiroshima and Nagasaki," American Journal of International Lau', Vol. 59, No. 4 (October 1965), 759–793.

"Operation Stanleyville: A Lesson in Third World Politics," The Correspondent, No. 35 (Winter 1965), 63-73.

"On Minimizing the Use of Nuclear Weapons: A Comparison of Revolutionary and Reformist Perspectives," in On Minimizing the Use of Nuclear l'eapons: Three Essays, by Richard A. Falk, Robert C. Tucker, and Oran R. Young, Center of International Studies (Princeton University), Research Monograph 23, 1966, 1–72.

1966-67

"International Law and the United States Role in the Viet Nam War," Yale Law Journal, Vol. 75 (June 1966), 1122-1160.

“The South West Africa Cases: An Appraisal,” International Organization, Vol. 21 (Winter 1967), 1-23.

"On Regulating International Propaganda : A Plea for Moderate Arms," Lavo and Contemporary Problems (1966), 622-634.

"New Approaches to the Study of International Law," American Journal of International Law', Vol. 61 (April 1967), 477-495.

“On the Quasi-Legislative Competence of the General Assembly," American Journal of International Law, Vol. 60 (October 1966), 782–791.

"The International Regulation of Violence in the Developing Countries,” Proceedings, American Society of International Law (1966), 58–68.

1967-68

"Conflict of Laws,” International Encyclopedia of the Social Sciences, Vol. 3 (1968), 246-253.

** International Law and the United States Role in Viet Nam: A Response to Professor Moore," Yale Law Journal, Vol. 76, No. 6 (1967), 109–11:38.

"On Treaty Interpretation and the New Haven Approach : Achievements and Prospects," l'irginia Journal of International Law, Vol. 8, No. 2 (April 1968), 323-355.

1968-69

"Ending the Vietnam War," The Nation (June 1969).

"On Treaty Interpretation and the New Haven Approach," l'irginia Journal of International Lau, VIII (1968), 323–355.

"A Political Solution for Vietnam ?" Dissent (May-June 1969), 196–198.

A Vietnam Settlement: The l'iew from Hanoi, Center of International Studies (Princeton University), Policy Memora lum 31, 1968.

The Sir Legal Dimensions of the l’ietnam War, Center of International Studies (Princeton University), Research Monograph 34, 1968.

1969-70

"The Beirut Raid and the International Law of Retaliation," American Journal of International Lau', Vol. 63, No. 3 (July 1969), 415–443.

80-847----72----14

"Charybdis Responds: A Note on Treaty Interpretation,” (editorial comment), American Journal of International Law, Vol. 63, No. 3 (July 1969), 509-513.

“Law, Lawyers, and the Conduct of American Foreign Relations,” Yale Law Journal, Vol. 78, No. 6 (May 1969), 919–934.

“World Population and International Law,” (editorial comment), American Journal of International Law, Vol. 63, No. 3 (July 1969), 514-520.

"Songmy: War Crimes and Individual Responsibility," TRANS-action, (January 1970), 33–40. Republished in modified form in The Nation (January 1970), 77–82, under the title "War Crimes: The Circle of Responsibility.'

"New trends in International Law: The Challenges of the Ecological Age," Naval War College Review (March 1970), 18–25. Republished in modified form in American Association of University Women Journal (May 1970), 185–188, under the title “No Nation Can Go It Alone.”

1970-71

“The American POWs: Pawns in Power Politics," The Progressive (March 1971) 13–21; Congressional Record, CXVII (March 11, 1971), 1-3.

"The Cambodian Operation and International Law," American Journal of International Law, 65 (January 1971), 1-25.

“Drifting Toward Armageddon,” The Progressive (October 1970), 48–54.

“Naciones Unidas: Varios Sistemas de Operación,” Foro Internacional, 2 (1970), 139–159.

“The Nuremberg Tradition,” Intercom, 13 (Jan./Feb. 1971), 29–32.

“Realistic Horizons for International Adjudication,” Virginia Journal of International Law, 11 (May 1971), 314-326.

"Toward Equilibrium in the World Order System,” Proceedings of the Amer. ican Society of International Law (September 1970), 217-224.

“U.S., U.S.S.R., and World Environment,” University (Spring 1971), 19-24.

"War Crimes and Individual Responsibility: After the Calley Verdict," Church and Society (May/June 1971), 23–32, 61-62.

(with Rennie Davis and Robert Greenblatt) “The Way to End the War: The Statement of Ngo Cong Duc," New York Review of Books (Nov. 5, 1970), 17-18.

"What We Should Learn from Vietnam,” Foreign Policy, 1 (Winter 1970), 98–114.

“Why Impeachment?The New Republic (May 1, 1971), 13-14.

S. 3475—TO HELP PRESERVE THE SEPARATION OF

POWERS AND TO FURTHER THE CONSTITUTIONAL PREROGATIVES OF CONGRESS BY PROVIDING FOR CONGRESSIONAL REVIEW OF EXECUTIVE AGREEMENTS

FRIDAY, MAY 12, 1972

U.S. SENATE,
SUBCOMMITTEE ON SEPARATION OF POWERS OF THE

COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to recess at 10:15 a.m., in room 2928, New Senate Office Building, Senator Sam J. Ervin (chairman of the subcommittee) presiding.

Present: Senator Ervin (presiding).

Also present: Rufus L. Edmisten, chief counsel and staff director; and Prof. Arthur S. Miller, staff consultant.

Senator ERVIN. The subcommittee will come to order.
Will counsel call the first witness?

Mr. EDMISTEN. Mr. Chairman, the first witness is Prof. Alan Swan, who has been with us before in another matter, and we welcome him.

Senator Ervin. Yes, sir. I remember most pleasantly his previous appearance, and we want to welcome you back to the subcommittee and express our deep appreciation for your appearance and your willingness to give us the benefit of your views on this matter as well as for your previous aid to the committee.

STATEMENT OF PROF. ALAN SWAN, PROFESSORIAL LECTURER IN

LAW, GRADUATE SCHOOL OF BUSINESS, UNIVERSITY OF CHICAGO

Mr. Swan. I thank you very much, Senator. It is a great pleasure to be here again, and I hope I can discuss the bill before the subcommittee in some detail. If it is all right with the Senator, I would like to proceed with my statement.

Senator 'Ervin. That will be entirely all right.
Mr. Swan. And then take questions.

My personal interest in the constitutional law of executive agreements, and particularly my doubts concerning some of the more expansive claims for the Executive, go back to my days as an executive branch lawyer when I was among the claimants. Since then, time for reflection and investigation has confirmed these doubts and

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