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Diggs v. Shultz

470 F.2d 461 (1972)

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Diggs v. Shultz

United States Court of Appeals for the District of Columbia Circuit

470 F.2d 461 (1972)

Facts

In 1966, the United Nations (UN) Security Council adopted a resolution that directed all UN member states to impose an embargo on trade with Southern Rhodesia. Southern Rhodesia was an exporter of metallurgic chromite. In 1971, Congress adopted the Byrd Amendment, which disallowed the president the ability to prohibit or regulate the importation of strategic materials so long as the region it was being imported from was not designated as Communist-dominated. The Office of Foreign Assets Control issued a General License to Union Carbide Corporation (defendant), authorizing Union Carbide Corporation to import various materials from Southern Rhodesia. Diggs (plaintiff) opposed the issuance of the license. Diggs claimed that the issuance of the license conflicted with the United States’ obligations under the UN Charter. The district court held that Congress may nullify a treaty commitment, and by passing the Byrd Amendment, Congress revoked an aspect of the United States’ treaty obligation under the UN Charter.

Rule of Law

Issue

Holding and Reasoning (McGowan, J.)

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