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United States Remains in the Universal Postal Union, Rescinding Its Notice of Withdrawal

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1 Modernizing the Monetary Reimbursement Model for the Delivery of Goods Through the International Postal System and Enhancing the Security and Safety of International Mail, 83 Fed. Reg. 183 (Aug. 23, 2018) [hereinafter Presidential Memorandum].

3 Presidential Memorandum, supra note 1.

4 Id. For more information, see Eliot Kim, Withdrawal from the Universal Postal Union: A Guide for the Perplexed, Lawfare (Oct. 31, 2018), at https://www.lawfareblog.com/withdrawal-universal-postal-union-guide-perplexed.

5 Peter Navarro, Opinion, The Trump Guide to Diplomacy, N.Y. Times (Oct. 15, 2019), at https://www.nytimes.com/2019/10/15/opinion/trump-universal-postal-union.html.

6 The UPU can call an Extraordinary Congress outside of its usual four-year sessions with the consent of two-thirds of its member countries. Constitution of the Universal Postal Union, Art. 15, July 10, 1964, 16 UST 1291, 611 UNTS 7. The First Extraordinary Congress was held in 1900 and, in 2016, the UPU decided to hold a Second Extraordinary Congress in 2018. Universal Postal Union, 2018 Extraordinary Congress, at http://www.upu.int/en/the-upu/congress/past-congresses/2018-extraordinary-congress.html [https://perma.cc/73JJ-BSY2].

7 U.S. State Dep't, Digest of United States Practice in International Law 113–14 (2018),available at https://www.state.gov/wp-content/uploads/2019/10/2018-Digest-Chapter-4.pdf [https://perma.cc/VG5D-PS56]; see also Jean Galbraith, Contemporary Practice of the United States, 113 AJIL, 136–37 (2019) (providing more detail).

8 See Galbraith, supra note 7, at 138 (also noting that the United States joined the Treaty of Berne “not via the advice and consent of the Senate, but rather as an ex ante congressional-executive agreement that relied on preexisting authority delegated by Congress to the president and the post-master general”).

9 Presidential Memorandum, supra note 1.

10 White House Press Release, Statement from the Press Secretary (Oct. 17, 2018), at https://www.whitehouse.gov/briefings-statements/statement-press-secretary-38 [https://perma.cc/LQ8V-BAHR].

11 See, e.g., Glenn Thrush, Trump Opens New Front in His Battle With China: International Shipping, N.Y. Times (Oct. 17, 2018), at https://www.nytimes.com/2018/10/17/us/politics/trump-china-shipping.html; Danielle Paquette, Trump Ditches 144-Year-Old Postal Pact that Boosts Chinese Retailers, Wash. Post (Oct. 17, 2018), at https://www.washingtonpost.com/business/economy/trump-ditches-144-year-old-postal-pact-that-boosts-chinese-retailers/2018/10/17/88aefea6-d234-11e8-8c22-fa2ef74bd6d6_story.html; see also Galbraith, supra note 7, at 132.

13 Id.

14 U.S. Mission to Int'l Orgs. in Geneva Press Release, Peter Navarro, Assistant to the President & Dir. of the Office of Trade and Mfg. Policy, Remarks Before the Universal Postal Union Third Extraordinary Congress (Sept. 24, 2019), at https://geneva.usmission.gov/2019/09/24/remarks-of-peter-navarro-before-the-universal-postal-union-third-extraordinary-congress [https://perma.cc/S76M-X4ML].

15 Id.

16 Jamey Keaten, World Postal Union Rejects Trump's Favored Reform Platform, Assoc. Press (Sept. 24, 2019),at https://apnews.com/30d73d7eb31241709ea3aee64afb23bb.

17 Id.

18 See Universal Postal Union Press Release, UPU Third Extraordinary Congress Wraps with Strong Solidarity Message (Sept. 26, 2019), at http://news.upu.int/no_cache/nd/upu-third-extraordinary-congress-wraps-with-strong-solidarity-message [https://perma.cc/B9S5-HWKW] [hereinafter UPU Press Release]; U.S. Mission to Int'l Orgs. in Geneva Press Release, Peter Navarro, Assistant to the President & Dir. of the Office of Trade and Mfg. Policy, Press Statement (Sept. 25, 2019), at https://geneva.usmission.gov/2019/09/25/58203 [https://perma.cc/Q3P9-AYT2].

19 UPU Press Release, supra note 18.

20 Stephanie Nebehay, U.N. Postal Union Clinches Deal to Keep U.S. in Club, Reuters (Sept. 25, 2019), at https://www.reuters.com/article/us-un-postal/un-postal-union-clinches-deal-to-keep-us-in-club-idUSKBN1WA247. For more details on the specifics, see Universal Postal Union, Option V – Moving Towards Self-Declared Rates, YouTube (Oct. 16, 2019), available at https://www.youtube.com/watch?v=WOZJV6HunYQ.

21 Universal Postal Union Press Release, UPU Head Meets with US President Following Geneva Agreement on Remuneration Rates (Oct.16, 2019), at http://news.upu.int/no_cache/nd/upu-head-meets-with-us-president-following-geneva-agreement-on-remuneration-rates [https://perma.cc/2FLB-LZQC].

22 Nebehay, supra note 20 (quoting a member of the Chinese delegation to the UPU).

23 China Says Postal Fees to Rise After US Complaint, Assoc. Press (Oct. 15, 2019), at https://apnews.com/1e7020752c854accb3279aaba52cfb14.

24 For more details, see generally Galbraith, supra note 7; Jean Galbraith, Contemporary Practice of the United States, 112 AJIL 107 (2018).

25 David Welna, Closing the Open Skies, NPR (Nov. 3, 2019), at https://www.npr.org/2019/11/03/775818736/closing-the-open-skies.

United States Remains in the Universal Postal Union, Rescinding Its Notice of Withdrawal

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