International Law Outline


USA v. Palestine Liberation Organization



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USA v. Palestine Liberation Organization – S.D.N.Y – 1988 (307-09)

  1. Day after ATA passed, filed to close mission.

  2. Treaty v. Statute – only where treaty is irreconcilable with later enacted statute AND C clearly intended to supersede it, does the statute take precedence.

  3. Decide ATA/legislative history don’t manifest Congress’ intent to abrogate long-standing practice under Headquarters Agreement

    1. Don’t mention Mission or Headquarters Agreement in ATA

    2. Says notwithstanding provisions of LAW, but not any TREATY

    3. No member of congress expressed clear intent to supersede HA

      1. Those who did speak denied there would be a conflict – but because they misinterpreted HA to not give PLO any right to maintain an office.


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