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FOOTNOTES TO HISTORY presents a riveting account of Feldman’s life in LAW and DIPLOMACY ranging from the Vietnam War to the Iran Hostage Crisis and the Two Iraq Wars.
His oral history is a lively read inside the room with Richard Nixon, Jimmy Carter and Henry Kissinger along with Feldman’s personal take on U.S. foreign policy, candid reflections on his relations with senior officials, as well as his (very different) encounters with Klaus Barbie at Lima, Tippi Hedrin at Rome and Prince Bandar in Virginia.

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Publié par	Xlibris US
Date de parution	30 juin 2023
Nombre de lectures	0
EAN13	9781669874614
Langue	English

Informations légales : prix de location à la page 0,0200€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

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Footnotes to History

Law and Diplomacy

Mark B. Feldman

Adapted from the Foreign Affairs Oral History Project
Association for Diplomatic Studies and Training
Interviewed by Robin Matthewman

Copyright © 2023 by Mark B. Feldman and the Association for Diplomatic Studies and Training.

Library of Congress Control Number:
2023907397
ISBN:
Hardcover
978-1-6698-7463-8

Softcover
978-1-6698-7462-1

eBook
978-1-6698-7461-4

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the copyright owner.

Adapted from the Foreign Affairs Oral History Project, Association for Diplomatic Studies and Training. Original interview by Robin Matthewman, April 28, 2021. Copyright ©2022 by ADST.

Rev. date: 06/30/2023

Xlibris
844-714-8691
www.Xlibris.com
852887
CONTENTS
Foreword
Dedication
Preface
Biographic Note
Chapter 1: Rivers of My Youth
Personal Background
Chapter 2: East Asian Affairs (1965–1968)
L/FE [Later L/EA]: May 1965–Fall 1967
Vietnam
Singapore
Japan: Return of Iwo Jima
Micronesian World War II Damage Claims
China
L/SCA: September 1967–September 1968
Extradition of James Earl Ray
U.S. Ratification of the 1967 UN Refugee Protocol
Chapter 3: Latin America and the Caribbean (1968–1973)
L/ARA: September 1968–1973
Panama Canal Treaties
Ambassador Sol Linowitz
Ambassador John Hugh Crimmins
Mexico
Elliot Richardson
Colorado River Salinity
Protecting Archeological Sites: Mexico, Latin America, and the United Nations
William D. Rogers
Professor Paul Bator
U.S.-Mexico Treaty for Recovery and Return of Stolen, Archeological, Historical and Cultural Properties
Statutory Restriction of Imports of Pre-Columbian Sculpture or Murals (1972)
The 1970 UNESCO Convention on Cultural Property—The Paris Convention
Marvin Feldman v. Mexico [ICSID 2002]
Cuba
The Federal Act of State Doctrine
Aircraft Hijacking
OAS Convention on Terrorism
Foreign Expropriation Cases: Peru (IPC) and Chile (Copper)
Peru-IPC Oilfields
Richard M. Nixon
Klaus Barbie—The Butcher of Lyon
Chile 1970: The Allende Election—Copper Negotiations
Edward M. Korry
Chapter 4: Watergate to Jimmy Carter (1973–1979)
Promotion to Deputy Legal Adviser 1973–1974
Charles N. Brower
Working with Henry Kissinger
Jackson-Vanik Amendment (1974)
Conference on Security and Cooperation in Europe [CSCE]—Helsinki Accords (1975)
Angola
OECD Declaration on International Investment (1976)
World Food Conference (Rome 1974)
Tippi Hedrin
1975 Grain/Energy Negotiations in Moscow
Foreign Sovereign Immunity
Foreign Official Immunity
Gulf of Maine
Delimitation of the Maritime Boundary in the Gulf of Maine Area, Canada v. United States, 1984 ICJ Rep 165
Maritime Boundaries: Mexico
Maritime Boundary: Cuba
Maritime Boundary: Russia
Foreign Bribery 1975–1977
Jonestown Massacre—November 17, 1978
People’s Republic of China and Taiwan
Chapter 5: The Iran Hostage Crisis (November 4, 1979–January 20, 1981)
Iran Hostage Crisis: November 4, 1979–January 20, 1981
Assets and Claims
Desperate Measures: Rescue Attempt Fails
The Iran-U.S. Claims Agreement
Chapter 6: Executive Powers
Diverse Legal Matters and Cases:
State Secrets: Pre-Publication Book Review (1973)
Discharge Grievances—LGBTQ (1974)
Executive Privilege (1974)
Freedom of Information Act (1974–1977)
International Traffic in Arms Regulations [ITAR]—Foreign Payments (1976)
Native American Fishing Rights (1977)
National Environmental Protection Act (1979)
Chapter 7: Litigation
State Department Litigation
Mexico: Green Card Commuters: Gooch v. Clark (1969)
Congressional Suits to Enjoin Executive Foreign Policy Actions
Crown of Saint Stephen Returned to Hungary (1977): Dole v. Carter (1977)
Hijacking to Berlin: U.S. v. Tiede (1978–1979)
Extraterritorial Application of U.S. Law: Uranium Antitrust Litigation (1980)
Chapter 8: Return to Private Practice
Exit Interview: Secretary of State Alexander Haig
The Kalamazoo Spice Expropriation Case
Chapter 9: Two Wars with Iraq
Two Wars with Iraq
The Gulf War: 1991
The Iraq War: 2003
Halliburton
Inside the Room
List of Abbreviations/Acronyms
Annex A
ASSOCIATION FOR DIPLOMATIC STUDIES & TRAINING
FOREWORD
For over 235 years extraordinary diplomats have served the United States at home and abroad with courage and dedication. Yet their accomplishments in promoting and protecting American interests often remain little known to their compatriots.
ADST (adst.org) is an independent, nonprofit organization committed to capturing, preserving, and sharing the experiences of America’s diplomats. Founded in 1986, we have the world’s largest collection of U.S. diplomatic oral history—available on our website and through the Library of Congress. This rich resource is available without charge to scholars, practicing diplomats, journalists, and ordinary citizens all around the world. But that is not all we do. We support the training of foreign affairs personnel at the State Department’s Foreign Service Institute. We also conduct educational outreach, produce podcasts and videos, and have an active social media program. And we have facilitated the publication of over 100 books by members of the Foreign Service and others.
Thank you for your interest in American diplomacy. We urge you to visit us at adst.org and make a donation to support this important and fascinating work. Because diplomacy matters.
Susan R. Johnson
President
Association for Diplomatic Studies & Training

To My Daughters
Ilana K. Feldman, PhD
Rachel L. Feldman, M.D.
Who Light My Life
PREFACE
These notes are some recompense for the diary I never kept of the State Department service (1965–1981) that defined my professional identity. From early youth, I knew I wanted to be a lawyer and was deeply interested in public affairs and international relations. In college, I considered the Foreign Service, but elected Harvard Law School where I was privileged to study with the extraordinary class of 1960, which became the “Kennedy class” when John Fitzgerald Kennedy was elected president.
History has clouded the memory of those stimulating years when President Kennedy’s call to public service inspired a generation of young men and women, but I am deeply grateful to have come of age at that moment. After a few years of training at the New York bar, I followed several of my professors and classmates to Washington, where I joined the State Department’s Office of the Legal Adviser, which was then, and is now, an exceptional team of highly competent and dedicated public servants.
Since leaving the State Department, I have had many years of rich professional experience in private practice and teaching, mainly at Georgetown Law. Thanks to my State Department service, much of my professional life has engaged the same kinds of international issues that I worked on in government. A small part of my private practice is related here as it bears upon U.S. foreign policy. I am grateful for those opportunities and to the people who made them possible. What matters most to me, professionally, are the small traces my work has left in U.S. diplomatic history and foreign relations law. I hope these notes add some color to the historical record, interest a few scholars, and amuse my progeny in years to come.
My children, of whom I am very proud, have forged their own paths, and my grandchildren will make their mark in a very different world. They and those who follow them will decide which of our actions are worth remembering. For their benefit, however, I would like to register a few reflections on some of the challenges in U.S. foreign relations that came to my desk thanks to President Kennedy’s call to public service.
With special thanks to my interviewer, Robin Matthewman, for her strong support and astute questions and to the Association for Diplomatic Studies and Training.
Mark B. Feldman
BIOGRAPHIC NOTE
Mark B. Feldman was born on October 3, 1935, in Rochester, New York. He graduated from Brighton High School (1953), Wesleyan University (1957), and Harvard Law School (1960). Mark married Marcia Smith of Long Beach, New York on November 23, 1963—the day after the assassination of President John F. Kennedy. They raised two daughters, Ilana and Rachel, in Washington, DC. After Marcia died in 1996, Mark was blessed to share his life with Miriam (Mimi) Feinsilver, who grew up in Brooklyn, New York.
Mark made his career in the law and in international affairs, including sixteen years in the State Department Office of the Legal Adviser, 1965–1981; teaching international arbitration and foreign relations law at Georgetown University Law Center; and representing U.S. and foreign clients in private practice since 1981. He is best known for his work at the State Department helping to draft the Foreign Sovereign Immunit