EFECTO DEL PROCESO DE LAVADO.

In defining what is or can be considered to be a piece of State practice, a good guide could be found fîrstly in the official publications or documents emanating from States and recording what in their view is their practice. In addition, there are records of State practice that, though compiled by scholars in their private capacity, receive supervision or support from their respective Governments, including access to diplomatic archives, and so on and so forth. A survey of the contents of some of the existing digests of State practice, together with two Council of Europe Resolutions, is set out below. ^

a. The Council of Europe Resolutions

In examining measures with a view to encouraging the publication of digests of State practice in the field of public international law, the Committee of Ministers adopted Resolutions (64) 10 and (68) 17, which contained good indications as to what, in their opinion, constituted State practice. With regard to the organs of the State whose practice should represent the practice of the State, the Council expressed the view that all organs of the State are included, be it from the executive, legislative or judicial powers. In mentioning instances of official documents which illustrated State practice, the Council distinguished two levels. Firstly, it referred to diplomatic notes, letters of instruction, reports, opinions given by official legal advisers, internal memoranda, explanatory memoranda and texts of laws and regulations, parliamentary reports and discussions, and national judicial and arbitral decisions. At another level, mention was made of treaties and conventions to which the State concerned is a party, statements made before international organizations, proceedings of the organs of such organizations in so far as these call for action on the part of the State in question or concern it particularly, statements presented before international judicial or arbitral authorities but only in so far as they contribute to the formulation of public international law, and the practice of the State in its relations with international organizations.^

b. Répertoire de la pratique française en matière de droit international public

This is divided into two parts: Governmental and Parliamentary documents, and decisions of national courts. Documents from the first category include texts of laws and regulations and explanatory memoranda; reports of parliamentary committees; reports by Government officials to parliamentary committees; replies from Government officials to written questions posed by members of Parliament; letters of instruction; diplomatic notes; statements made at international conferences or international organizations; opinions given by official legal advisers; statements presented before international judicial or arbitral authorities; conventions to which France is a party; and press communiqués.^

c. Repertôrio da Pràtica Brasileira do Direito Intemacional Publico

This includes, inter alia, statements at international conferences or international organizations; press communiqués; joint communiqués; diplomatic notes; reports by Government officials to parliamentary committees; parliamentary debates; internal reports or memoranda; letters of instruction; and opinions given by official legal advisers/

d. Répertoire suisse de droit international public

This includes, inter alia, diplomatic notes or aides-mémoire; statements at international conferences or international organizations; reports or statements by Government officials to the Parliament; decisions of the Federal Council; Governmental circulars to local governments (cantons); internal memoranda; opinions given by ofïïcial legal advisers; and decisions of national courts/

e. La prassi italiana di diritto intemazionalle

This includes, inter alia, documents relating to the conclusion of agreements (letters of ratification, full powers, etc.); letters of instruction; diplomatic correspondence; statements by Government officials before the Parliament; parliamentary debates; Governmental circulars, instructions, and orders (internal memoranda); legislative acts; and opinions given by official legal advisers.^

f. The Digest of United States Practice in International Law

It is made clear in the preface to the Digest that the notion of 'practice' had been treated as liberally as possible. The materials collected were treaties, executive agreements, legislation. Federal regulations. Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, press conference statements, and internal memoranda.^

g. The Australian Year Book of International Law

statements or replies by Government officials to parliamentary committees or members of Parliament; press communiqués or articles from the Foreign Office published in the press; statements by representatives at international organizations; legislative acts and explanatory memoranda; and opinions given by official legal advisers.^

h. The Japanese Annual of International Law

This includes, inter alia, statements by Government ofHcials to the Parliament or to parliamentary committees; statements at international conferences or international organizations; and press communiqués.^

i. The Canadian Yearbook of International Law

The instances of State practice are divided into separate headings, according to the branch of the organs of the State. Firstly, from the Department of External Relations the following materials are mentioned: internal memoranda; opinions given by official legal advisers; diplomatic notes and letters. From the Parliament: resolutions of the Parliament; statements by Government officials to the parliament. Finally, there is reference to conventions to which Canada is a party.

j. Documents on Swedish Foreign Policy

This includes, inter alia, conventions; statements at international organizations or conferences; replies by Government officials to questions posed by members of Parliament; and press communiqués.^^

k. The South African Yearbook of International Law

All instances of State practice mentioned are confined to parliamentary statements, and statements by Government officials before the Parliaments^

1. The British Digest of International Law

of 'H.M. Government, or as the case may be the Foreign Office, Parliament, the courts and sometimes the writers...'. Instances of State practice include diplomatic notes; internal memoranda and reports; letters of instruction; opinions given by official legal advisers; decisions of national courts; texts of laws and regulations; parliamentary debates; statements by Government officials before the Parliament or Parliamentary committees; conventions; statements at international conferences; and statements presented before international judicial or arbitral authorities and extracts from the decisions of such authorities.^^