caused by water control activities in which the Commission is involved. . . .]

Dept. of State File No. P77 0128-1508.

On February 16, 1977, David A. Gantz, Assistant Legal Adviser for European Affairs in the Department of State, responded by letter to Mr. Clark's inquiry by noting the applicability of 22 U.S.C. 288 et seq., popularly known as the International Organizations Immunities Act, and Executive Order 9972 of June 25, 1948 (13 F.R. 3573), designating the International Joint Commission as an international organization for the purposes of the Act. Mr. Gantz outlined the privileges and immunities available to the members and staff of the International Joint Commission (IJC) as follows:

* * *

The Department considers that the Commission, its members and staff, pursuant to this designation, enjoy as a matter of domestic law the privileges and immunities provided by the Act, none of which have been withheld by the Executive order, as would be permissible under § 288 of the Act.

With respect to official acts immunity from suit and all forms of legal process, the Department of State considers the immunity conferred by § 288d (b) to extend to the six Commissioners, and to all officers and employees of each office of the Commission, including members of boards employed by the Commission to assist it in discharging its responsibilities. The property and assets of the Commission in the United States are considered to be immune from search and seizure consistent with § 288a (b) and (c) of the Act. Section 288 (c) further provides that the archives of international organizations are inviolable.

We are well aware of the potential difficulty in drawing fine distinctions at times between the governmental and Commission activities of Commissioners and other IJC personnel, in particular board members, who may serve in dual capacities, and receive their salaries from and remain otherwise associated with a government agency of their usual employment. Our courts typically would make their own determination as to the application of official acts immunity in particular factual situations. Such board members, of course, may enjoy other immunities in connection with their governmental official acts.

The Commission, consistent with article XII of the 1909 Boundary Waters Treaty, has developed a successful tradition of impartial, collegial consideration of matters before it which has been reinforced with respect to government employees serving on its boards by a number of means. These include direct, formal appointment by the Commission of board members, the issuance of precise directives governing the boards it creates, and measures to ensure the ready identification of Commission documentation generated by such boards and their members. We have encouraged the U.S. Section to continue refinement of Commission procedures with regard to its

boards in light of the provisions of this Act, as well as the requirements of the Freedom of Information Act (5 U.S.C. 552). While the latter Act does not affect an international organization such as the Commission, or its U.S. Section, it does govern the release of records of agencies of the United States Government which may be intimately involved with Commission activities.

Further, § 288e (a) of the International Organizations Immunities Act requires notification to and acceptance by the Secretary of State of persons entitled to the benefits of the Act. It is therefore also incumbent upon the U.S. Section to notify the Office of Protocol of the Department as required of the members, officers and employees of the Commission.

Dept. of State File No. P77 0025–2368. E.O. 9972 reads in part as follows:

By virtue of the authority vested in me by section 1 of the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669), and having found that the United States participates in the International Joint Commission-United States and Canada, established under the authority of the Treaty between the United States and Great Britain relating to the boundary waters between the United States and Canada, signed at Washington, January 11, 1909 (36 Stat. 2448), I hereby designate such organization as a public international organization entitled to enjoy the privileges, exemptions, and immunities conferred by the said Act.

The designation of the above-named organization as a public international organization within the meaning of the said International Organizations Immunities Act is not intended to abridge in any respect privileges, exemptions, and immunities which such organization may have acquired or may acquire by treaty or congressional action.

This order supplements Executive Orders

Harry S. Truman

Art. XII of the Treaty Relating to the Boundary Waters and Questions Arising Along the Boundary between the United States and Canada signed on Jan. 11, 1909 (TS 548; 36 Stat. 2448; 12 Bevans 319; entered into force May 5, 1910), reads as follows:

ARTICLE XII

The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and when organized the Commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each Commissioner, upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceedings of the Commission.

The United States and Canadian sections of the Commission may each appoint a secretary, and these shall act as joint secretaries of the Commission at its joint sessions, and the Commission may employ engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commission and of the secretaries shall be paid by their respective Governments, and all reasonable and necessary joint expenses of the Commission, incurred by it, shall be paid in equal moieties by the High Contracting Parties.

The Commission shall have power to administer oaths to witnesses, and to take evidence on oath whenever deemed necessary in any proceeding, or inquiry. or matter within its jurisdiction under this treaty, and all parties interested therein shall be given convenient opportunity to be heard, and the High Contracting Parties agree to adopt such legislation as may be appropriate and necessary to give the Commission the powers above mentioned on each side of the boundary, and to provide for the issue of subpoenas and for compelling the

attendance of witnesses in proceedings before the Commission. The Commission may adopt such rules of procedure as shall be in accordance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable.

For further information concerning the International Joint Commission, see post, Ch. 2, § 4F, pp. 51–53; Ch. 7, § 11, pp. 612–629. See also the 1976 Digest, Ch. 7, § 11, pp. 382-388 and Ch. 11, § 1, pp. 591-594.

C. MEMBERSHIP AND REPRESENTATION

United Nations

Membership

On September 20, 1977, the General Assembly of the United Nations adopted by acclamation Resolutions 32/1 (1977) and 32/2 (1977) admitting the Republic of Djibouti and the Socialist Republic of Vietnam to membership in the United Nations. Pursuant to article 4 of the U.N. Charter, the Security Council had recommended that both of these countries be admitted to U.N. membership. In his statement in the General Assembly on September 20, 1977, Ambassador Andrew Young, U.S. Permanent Representative to the United Nations, welcomed these "two new members to the United Nations family" in part as follows:

..I wish to express my government's satisfaction that this Organization now moves one step closer to the ultimate goal of universality of membership. This is an objective which we hope will be achieved in the not too distant future.

The United States was among those members of the Security Council which sponsored the Security Council's recommendation for the admission of Djibouti to the United Nations and joined in the consensus which approved this recommendation. We are now pleased to welcome Djibouti to full participation in the world community of nations. Djibouti stands as another example of a successful peaceful transition from colonial status to independence. With confidence in the future of this new nation, the United States extends the hand of friendship.

In our relations with Vietnam, the United States looks to the future. We are hopeful that constructive relations will be established within the United Nations, as Vietnam joins the common effort to achieve the goals and aspirations of the Charter.

*

Press Release USUN-67(77), Sept. 20, 1977. U.N. Docs. A/RES/32/1, Sept. 22, 1977, and A/RES/32/2, Sept. 22, 1977.

Art. 4 of the U.N. Charter reads as follows:

ARTICLE 4

1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.

2. The admission of any such state to membership in the United Nations will be effected by a decision of the General Assembly upon the recommendation of the Security Council.

The applications for membership signed on behalf of the Republic of Djibouti by President Hassan Gouled Aptidon and on behalf of the Socialist Republic of Vietnam by Prime Minister Pham Van Dong contained, inter alia, a declaration that each accepts and undertakes to carry out the obligations contained in the U.N. Charter. U.N. Docs. A/32/134-S/12357, July 6, 1977, and A/31/180-S/12183, Aug. 20, 1976.

International Fund for Agricultural Development (IFAD)

On October 4, 1977, Ambassador Andrew Young, U.S. Permanent Representative to the United Nations, deposited the U.S. instrument of acceptance of the Agreement establishing the International Fund for Agricultural Development (IFAD). The following are excerpts from his remarks upon depositing the instrument of acceptance :

I am pleased to be able to deposit with you the United States instrument of acceptance of the Agreement establishing the International Fund for Agricultural Development. This instrument, in addition to signaling United States willingness to accept the responsibilities of membership in the Fund, provides for the United States subscription of $200,000,000 as its contribution to $1 billion pledged for IFAD. We are pleased to be participating in the Fund and look forward to assisting it in its efforts to improve agricultural production and help meet the nutritional needs of the world's people.

*

Press Release USUN-69 (77), Oct. 4, 1977.

The Agreement establishing IFAD, concluded at Rome on June 13, 1976, entered into force on Nov. 30, 1977. For further information concerning IFAD, see post, Ch. 10, § 10, pp. 821-822, and the 1976 Digest, Ch. 10, § 10, pp. 569–570.

South East Asia Treaty Organization (SEATO)

The South East Asia Treaty Organization (SEATO) ceased to exist on June 30, 1977.

For further information, see post, Ch. 14, § 1, pp. 914-915 and the 1975 Digest, Ch. 14, § 1, p. 789.

United Nations

Observer Status

On October 11, 1977, Ambassador Allard K. Lowenstein, U.S. Alternate Representative for Special Political Affairs, objected to the expressed intention of the President of the U.N. General Assembly to call on the representative of the Palestine Liberation Organization "to reply to the statement made by one of the speakers in the general debate." Ambassador Lowenstein's statement in plenary of the General Assembly read in part as follows:

1

[T]he Palestine Liberation Organization has asked to be allowed to reply to the statement of the Foreign Minister of Israel [Moshe Dayan].

I wish simply to recall the consistent position of the United States that only representatives of Member States are qualified to participate in the general debate. We believe this is a sound practice which contributes to more effective and expeditious general debate.

The President of the General Assembly ruled against the U.S. point of order on the basis of General Assembly Resolution 3237 (XXIX) of November 22, 1974, and "the statement made by the President of the thirty-first session of the General Assembly at the ninth plenary meeting on September 29, 1976," which said in part that "if any speaker in the course of the general debate should make any remarks which call for a reply from an observer, I shall call on that observer in the plenary Assembly so that he may reply."

U.N. Doc. A/32/PV.29, p. 111. Press Release USUN−73 (77), Oct. 11, 1977. For further information concerning U.N.G.A. Res. 3237 (XXIX) of Nov. 22, 1974, see the 1974 Digest, Ch. 2, § 4.C, p. 40.

International Labor Organization

On November 1, 1977, Secretary of Labor F. Ray Marshall read at a news conference at the White House the following statement on behalf of President Carter announcing the termination of U.S. membership in the International Labor Organization:

Two years ago, the United States gave official notice that we would leave the International Labor Organization unless corrective measures were taken to restore that organization's commitment to its original purposes. Because such measures have not been taken, I direct that United States membership in ILO be terminated. The United States remains ready to return whenever the ILO is again true to its proper principles and procedures.

13 Weekly Comp. of Pres. Doc. 1705-1706 (Nov. 7, 1977).

During the briefing session subsequent to the announcement, Secretary Marshall outlined the reasons for the termination:

There were... three or four essential problems involved. One was the unequal application of standards which was a very important principle of the ILO. The heart of the ILO is that it has a procedure for adopting and implementing labor standards. And that procedure is to have a committee of the experts investigating violations of those standards and then make a report.

One concern that people had was the uneven application of those standards, as the same standards were not applied, in other words, to all countries.