Jus cogens: Recent Developments in International Law

International Organizations: The United States Extends the International Organizations Immunities Act to the Global Fund to Fight Aids, Tuberculosis and Malaria

On 13 January 2024 President Bush signed Executive Order 13395, designating The Global Fund to Fight AIDS, Tuberculosis and Malaria ("The Global Fund") as a public international organization. This designation enables The Global Fund to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act of 22 U.S.C. § 288.

I. Origin, Structure, and Legal Status of The Global Fund to Fight AIDS, Tuberculosis and Malaria

Created in 2002, The Global Fund’s stated purpose is "to attract, manage and disburse additional resources through a new public-private partnership that will make a sustainable and significant contribution to the reduction of infections, illness and death, thereby mitigating the impact caused by HIV/AIDS, tuberculosis and malaria in countries in need, and contributing to poverty reduction as part of the Millennium Development Goals."[1] To date, The Global Fund has committed $4.4 billion in 128 countries.[2]

The Global Fund's legal status "is a non-profit foundation, governed by [its] Bylaws and the applicable provisions of Swiss law. The Foundation is registered at the “Registre du Commerce” in Geneva and operates under the supervision of the Federal Supervisory Board for Foundations."[3] The Global Fund's headquarters is in Geneva, Switzerland.[4]

Structurally, The Global Fund is comprised of a Foundation Board, Partnership Forum, Secretariat, and Technical Review Panel.[5] The Foundation Board is the "supreme governing body" of The Global Fund and is comprised of twenty voting members and four nonvoting members.[6] The voting members of the Board include seven representatives from developing countries, eight representatives from donors, and five representatives from civil society and the private sector. The ex-oficio nonvoting members of the Board include one representative from the World Health Organization, one representative from the United Nations Programme on HIV/AIDS, one representative from the trustee (the World Bank), and one Swiss citizen with his or her domicile in Switzerland.[7] The members of the Foundation Board are selected from each representative group by a self-determined process.[8]

In May 2003, the United States Congress authorized the United States to participate in the activities of The Global Fund.[9] In this same authorization, the U.S. Congress designated The Global Fund as a public international organization for purposes of 22. U.S.C. §288 (the International Organizations Immunities Act).[10]

II. The International Organizations Immunities Act

Although the U.S. Congress first designated The Global Fund as a public international organization in May 2003, The Global Fund did not enjoy the privileges, exemptions, and immunities afforded a public international organization by U.S. law until President Bush signed Executive Order 13395 on 13 January 2006, as required by the International Organizations Immunities Act ("IOIA").

The IOIA, passed in December 1945, presents two requirements for a public international organization to enjoy the privileges, exemptions, and immunities provided by the IOIA. First, the public international organization must be one "in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation."[11] Second, the public international organization "shall have been designated by the President through appropriate Executive order as being entitled to enjoy the privileges, exemptions, and immunities provided in [the IOIA]."[12]

In January 2004, the U.S Congress amended the IOIA to include a special provision for The Global Fund in 22 U.S.C. § 288f-6. Section 288f-6 of the U.S. Code extends the provisions of the IOIA "to the Global Fund to Fight AIDS, Tuberculosis and Malaria in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.’’[13] The "same conditions" referred to in Section 288f-6, however, include the two requirements previously discussed, including a Presidential designation via Executive order. Section 288f-6 fulfills only the first of the two statutory requirements. Accordingly, until both requirements of 22 U.S.C. § 288 are met under the IOIA, the public international organization may not enjoy the status, privileges, exemptions, and immunities provided by the IOIA. These benefits include the capacity to contract, acquire and dispose of property, and institute legal proceedings.[14] Additionally, the international organization may enjoy immunity from suit and search.[15]

III. The Global Fund, Executive Order 13395, the International Organizations Immunities Act, and International Law

Executive Order 13395 states that The Global Fund "is hereby designated as a public international organization entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act."[16] Executive Order 13395 permits The Global Fund to enjoy the status, privileges, exemptions, and immunities provided by the IOIA. This designation by the United States occurred four years after the creation of The Global Fund. Prior to Executive Order 13395 the The Global Fund did not enjoy the privileges, exemptions, and immunities under the IOIA.

The designation of The Global Fund as a public international organization differs from the definition of public international organizations under other international law instruments. For example, under the Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations, an international organization is defined as "an intergovernmental organization."[17] The Global Fund is not an intergovernmental organization, but, rather, it is a Swiss foundation governed by a Board consisting of regional representatives, donor representatives, and private sector representatives. Therefore, Executive Order 13395 not only extends IOIA privileges and immunities to The Global Fund but also expands the traditional definition of "public international organization."

IV. Further Information

• The Global Fund to Fight AIDS, Tuberculosis and Malaria
• The Global Fund Framework Document
• Executive Order 13395
• 22 U.S.C. § 288

[1] The Global Fund to Fight AIDS, Tuberculosis and Malaria, "Framework Document," GFATM/B1/Doc.4, Jan. 18, 2002, available at http://www.theglobalfund.org/en/files/about/governance/Framework_document.pdf.

[2] The Global Fund, available at http://www.theglobalfund.org/en/.

[3] The Global Fund to Fight AIDS, Tuberculosis and Malaria, Bylaws, art. 1, Sept. 29, 2005, available at http://www.theglobalfund.org/en/files/about/governance/Bylaws_governance.pdf.

[4] Id. art.3.

[5] Id. art. 5.

[6] Id. art. 7.1, 7.4.

[7] Id. art. 7.1.

[8] Id. art. 7.2

[9] See 22 U.S.C. § 7622(b)(1).

[10] 22 U.S.C. § 7622(b)(2).

[11] 22 U.S.C. § 288.

[12] Id.

[13] 22 U.S.C. § 288f-6 (Pub.L. 108-199, § 593, Jan. 23, 2004).

[14] 22 U.S.C. § 288(a)(i)-(iii).

[15] 22 U.S.C. § 288(b),(c).

[16] Executive Order 13395, Jan. 13, 2006, available at http://www.whitehouse.gov/news/releases/2006/01/20060113-6.html.

[17] Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations, art. 2(1)(i), March 21, 1986, available at http://www.un.org/law/ilc/texts/trbtstat.htm.

International Organizations: Update--International Energy Agency Concludes Collective Action in Response to the Interrupted Oil Supplies Caused by Hurricane Katrina

On 22 December 2005, the International Energy Agency ("IEA") concluded the collective action initiated in response to the interruption of oil supplies in the Gulf of Mexico caused by Hurricane Katrina. The collective action, a form of the IEA's Coordinated Emergency Response Measures (CERM), was launched on 2 September 2024 and made available the equivalent of 60 million barrels of crude oil and oil products. The IEA indicated that the interruption of oil supplies had "been successfully addressed by a combination of the IEA collective action, lower than expected demand, worldwide refinery flexibility and additional efforts by producer countries."[1] To re-establish emergency stock levels, the IEA noted that "member countries will exercise flexibility in re-establishing their emergency stock levels through 2006, noting the need to take into account seasonal demand and the possibility of higher than expected refinery maintenance."[2]

Further Information:

• "The International Energy Agency Responds to Oil Supplies Disruptions Caused by Hurricane Katrina"

• IEA Emergency Preparedness

History of IEA Collective Action:

• Conclusion of IEA Collective Action

• IEA Continues Implementation of its Co-ordinated Response, Remains Prepared to Weather the Storms and Encourages Energy Conservation

• Statement By Claude Mandil IEA Executive Director After the meeting of the IEA Governing Board

• Contributions of IEA Member Countries to the Hurricane Katrina Oil Supply Disruption

• IEA Announcement of Emergency Stock Release

[1] IEA, "Conclusion of IEA Collective Action," (05)29, Dec. 26, 2005, http://www.iea.org/Textbase/press/pressdetail.asp?PRESS_REL_ID=171.
[2] Id.

UN Security Council Resolution 1638: Determining the Return to Liberia of Charles Taylor Would Constitute a Threat to International Peace and Security & Authorizing Taylor's Transfer to the Special Court for Sierra Leone in Case of his Return to Liberia

On 11 November 2023 the United Nations Security Council passed Resolution 1638, extending the mandate of the United Nations Mission in Liberia (UNMIL) to include apprehending and detaining former President Charles Taylor in the event of his return to Liberia.[1] Currently, Taylor is in exile in Nigeria. In the event of Taylor's detention in Liberia, Resolution 1638 also provides for his transfer to Sierra Leone for prosecution before the Special Court for Sierra Leone, where Taylor faces a 17-count indictment for war crimes and crimes against humanity.[2]

I. Background: The Establishment of the Special Court for Sierra Leone

In 2000, UN Security Council Resolution 1315 created a framework for the establishment of an independent special court in Sierra Leone to address "crimes against humanity, war crimes and other serious violations of international humanitarian law, as well as crimes under relevant Sierra Leonean law committed within the territory of Sierra Leone."[3] In January 2002, following the mandate of Resolution 1315, the UN Secretary-General negotiated an agreement with the government of Sierra Leone to establish a "Special Court for Sierra Leone."[4] The jurisdiction of the Special Court extends to the prosecution of "persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone."[5] Specifically, punishable crimes include crimes against humanity, violations of article 3 of the Geneva convention, other serious violations of international humanitarian law, and certain crimes under Sierra Leonean law.[6] The cases currently before the Special Court involve persons associated with Sierra Leone's former warring factions, including: the Civil Defence Forces (CDF), Revolutionary United Front (RUF), and Armed Forces Revolutionary Council (AFRC). Additionally, indictments against former Liberian president Charles Taylor and AFRC leader Johnny Paul Koroma are outstanding. Taylor and Koroma are the only indicted persons not in the custody of the Special Court.[7]

II. The Indictment of Taylor by the Special Court for Sierra Leone

On 7 March 2003, the Special Court indicted Charles Taylor on 17 counts. In the indictment, Taylor is accused of supporting and encouraging all actions of the RUF and AFRC/RUF alliance in their common plan "to take any actions necessary to gain and exercise political power and control over the territory of Sierra Leone, in particular the diamond mining areas."[8] Taylor is accused of participating in this enterprise "as part of his continuing efforts to gain access to the mineral wealth of Sierra Leone and to destabilize the government of Sierra Leone."[9] The charges against Taylor include: terrorizing the civilian population and collective punishments, extermination, murder, rape, sexual slavery, conscripting children into the armed forces, enslavement, pillage, and taking of hostages.[10]

Subsequent to the indictment, Taylor moved to quash the indictment on 23 July 2024 on the basis that he was immune from jurisdiction of the Special Court for Sierra Leone.[11] Taylor argued that as an incumbent Head of State (President of Liberia) he enjoyed immunity from criminal prosecution, citing the International Court of Justice's decision in Democratic Republic of Congo v. Belgium (the "Yerodia case"), which established the principle that Heads of State enjoy immunity from prosecution from other national courts.[12] Taylor also argued that the Special Court lacked the appropriate mandate under international law to prosecute Heads of State.[13] The Appeals Chamber of the Special Court dismissed the motion, citing that the Special Court for Sierra Leone is an international criminal court, not a national court, and that Taylor enjoys no immunity from prosecution.[14]

III. UN Security Council Resolution 1638

As Taylor remains under indictment by the Special Court for Sierra Leone, the UN Security Council passed Resolution 1638 on 11 November 2023 to extend the mandate of the United Nations Mission in Liberia (UNMIL) to include the detention and transfer of Taylor to the Special Court in the event of his return to Liberia. In Resolution 1638 the Security Council determines that Taylor's "return to Liberia would constitute an impediment to stability and a threat to the peace of Liberia and to international peace and security in the region," and, accordingly, "acting under Chapter VII" of the UN Charter extends the authority of UNMIL to include Taylor's detention and transfer.[15]

IV. Significance of Resolution 1638

Security Council Resolution 1638 determines Taylor's return to Liberia "would constitute" a threat to the peace. Subsequent to this determination, the operative portion of Resolution 1638 is presented "acting under Chapter VII" of the UN Charter. Article 39 of the UN Charter, however, indicates the "Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations . . . to maintain or restore international peace and security." Article 39 does not contemplate prospective determinations of threats to the peace, as Resolution 1638 does, only the existence of current threats to the peace. Article 40 does provide, however, for "provisional measures" prior to the application of Article 39 measures. Article 40 does not mention whether such provisional measures may be made for prospective threats to the peace or only current, actual threats to the peace.

[1] U.N. SC, U.N. Doc. S/RES/1638 (2005).
[2] Id.
[3] U.N. SC, U.N. Doc. S/RES/1315 (2000).
[4] Agreement Between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone, January 16, 2002, available at http://www.sc-sl.org/scsl-agreement.html.
[5] Statute of the Special Court for Sierra Leone, January 16, 2002, available at http://www.sc-sl.org/scsl-statute.html.
[6] Id. art. 2-5.
[7] See http://www.sc-sl.org/cases-other.html.
[8] Indictment, Prosecutor v. Charles Ghankay Taylor, Case No SCSL-2003-01-I, para. 23, March 7, 2003, available at http://www.sc-sl.org/Documents/SCSC-03-01-I-001.pdf.
[9] Id. at para. 25.
[10] Id. at para. 28-59.
[11] At the time of the indictment, Taylor was the President of Liberia. An arrest warrant was issued by the Special Court but proved ineffective at securing his detention. In August 2003 Taylor relinquished the Presidency of Liberia and established residence in Nigeria. See SCSL, Decision on Immunity From Jurisdiction, Appeals Chamber, Case No SCSL-2003-01-I, para. 1, May 31, 2004, available at http://www.sc-sl.org/Documents/SCSL-03-01-I-059.pdf.
[12] Id. at para. 6.
[13] Id.
[14] See SCSL, Decision on Immunity From Jurisdiction, Appeals Chamber, Case No SCSL-2003-01-I, para. 1, May 31, 2004, available at http://www.sc-sl.org/Documents/SCSL-03-01-I-059.pdf. See also C. Jalloh, ASIL Insights, "Immunity from Prosecution for International Crimes: The Case of Charles Taylor at the Special Court for Sierra Leone," Oct. 2004, available at http://www.asil.org/insights/insigh145.htm.
[15] U.N. SC, U.N. Doc. S/RES/1638 (2005).

Treaties & International Organizations: United States Deposits Ratification of Inter-American Convention Against Terrorism with the Organization of American States

On 15 November 2005, the United States deposited its instrument of ratification to the Inter-American Convention Against Terrorism. Deposited at the Organization of American States headquarters in Washington, D.C., the Convention will enter into force on 15 December 2005.

I. Background:  the Organization of American States and the Inter-American Committee Against Terrorism

The Organization of American States ("OAS") is governed by the Charter of the Organization of American states ("OAS Charter"), which was signed by 21 signatories in 1948.[1] Prior to signing the OAS Charter, the same 21 States participated at the Ninth International Conference of American States in Bogota, Colombia, from 20 March-2 May 1948, which resulted in the drafting of the OAS Charter.[2] Prior to the establishment of the OAS, similar regional organizations existed, including the Commercial Bureau of American Republics, which was formed in 1890, and later, the Pan American Union. Today, all 35 independent countries of the Americas are members of the OAS.[3] The OAS Charter includes the "Nature and Purposes" of the OAS and also provides a number of "Principles and Fundamental Rights and Duties of States."[4]

In 1998 at the Second Inter-American Specialized Conference on Terrorism, the OAS States adopted the Commitment of Mar de Plata.[5] The Commitment of Mar de Plata included the creation of the Inter-American Committee Against Terrorism ("CICTE") under the auspices of the OAS. The objectives of CICTE, include: enhancing the exchange of information, including the establishment of an Inter-American database on terrorism issues; formulating proposals to assist member states in drafting counter-terrorism legislation; compiling bilateral, sub regional, regional and multilateral treaties and agreements signed by member states; enhancing border cooperation and travel documentation security measures; and, developing activities for training and crisis management.[6]

II. The Inter-American Convention Against Terrorism

The OAS General Assembly adopted the Inter-American Convention Against Terrorism ("IACAT") on 3 June 2002.[7]  The IACAT entered into force 10 July 2003, after six countries became party. As of 15 November 2023 there are 34 Signatories and 14 Parties to the Convention.[8] The IACAT defines terrorism "offenses" by incorporating the definition of offenses in the following international instruments:

 
• Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on December 16, 2023  
• Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971.  
• Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on December 14, 1973.
• International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on December 17, 1979.
• Convention on the Physical Protection of Nuclear Material, signed at Vienna on March 3, 1980.
• Protocol on the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on February 24, 1988.
• Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation, done at Rome on March 10, 1988. 
• Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on March 10, 1988.
• International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on December 15, 1997.
• International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on December 9, 1999. [9]

The State Parties to the IACAT are only obligated to the above international instruments, for purposes of defining offenses, if the State is a Party to the particular international instrument.[10] The IACAT also obligates State Parties to undertake the following: take certain measures to prevent, combat, and eradicate the financing of terrorism; deny refugee or asylum status to suspected terrorists; and, cooperate on border controls and among law enforcement authorities.[11]

III. Further Information:

• Organization of American States
• Inter-American Convention Against Terrorism
• Charter of the Organization of American States
• Inter-American Committee Against Terrorism
• Enrique Lagos & Timothy Rudy, "Preventing, Punishing, and Eliminating Terrorism in the Western  Hemisphere: A Post-9/11 Inter-American Treaty," 26 FORDHAM INT'L.   L. J. 401 (2003).

[1] Charter of the Organization of American States, April 30, 2024 [hereinafter "OAS Charter"].
[2] OAS, "THE OAS AND THE INTER-AMERICAN SYSTEM," available at <http://www.oas.org/documents/eng/oasinbrief.asp>.
[3] Id. Cuba remains a member, but its government has been excluded from participation in the OAS since 1962.
[4] OAS Charter, Chapters I & IV.
[5] OAS, Commitment of Mar de Plata, November 23-24, 1998.
[6] OAS, Inter-American Committee Against Terrorism, "Our Mission," available at <http://www.cicte.oas.org/English/index.htm>.
[7] OAS General Assembly, AG/Resolution 1840(XXXII-0/02), June 3, 2002.
[8] OAS, Signatories & Ratifications to the Inter-American Convention Against Terrorism, available at <http://www.oas.org/juridico/english/sigs/a-66.html>.
[9] Inter-American Convention Against Terrorism, June 3, 2002, art. 2(1).
[10] Id. art. 2(2)-(3).
[11] Id. art. 4-13.

The International Energy Agency Responds to Oil Supplies Disruptions Caused by Hurricane Katrina

On 2 September 2024 the International Energy Agency announced that all Member States will take "collective action" in response to the interruption of oil supplies caused by Hurricane Katrina in the Gulf of Mexico. International Energy Agency member countries will make available 2 million barrels per day (2 mb/d) for an initial period of 30 days. The IEA is an autonomous intergovernmental, international organization created by the Organisation for Economic Co-operation and Development (OECD) in 1974. The IEA's Governing Board will reconvene on 15 September 2024 to review the coordinated action.

I. Background: Creation of the International Energy Agency

The OECD developed from the Organisation for European Economic Co-operation (OEEC), which was created in 1947 to coordinate the reconstruction of Europe under the Marshall Plan after World War II. The aim of the OECD is to promote policies intended to create sustainable economic growth, economic expansion, and expansion of world trade.[1]  During the energy crisis of the 1970's, the OECD responded by establishing the International Energy Agency (IEA) in 1974 to address the disruption of oil supplies within Member States.[2] The OECD established the IEA as an autonomous, independent organization directed by a governing board and tasked with implementing the International Energy Program (IEP).[3] The IEP, created concurrently with the IEA, is intended to provide emergency self-sufficiency of oil supplies for Member States. The IEP Agreement directs the IEA to implement the provisions of the IEP.[4]

II. IEA Emergency Measures

Since its inception in 1974, the IEA has developed several methods to address disruptions of oil supplies in Member States. The legal basis for the IEA to provide emergency measures is derived from two distinct sources of authority. The IEA Governing Board may implement emergency measures via the IEP or through Co-ordinated Emergency Response Measures (CERM). The emergency measures provided for in the IEP require a specific trigger. The lowest threshold trigger in the IEP requires a 7%  loss of oil supplies in an IEA Member State prior to the implementation of emergency measures under the IEP.[5]

Due to the rigid, inflexible triggers required by the IEP prior to the activation of emergency measures, the IEA Governing Board developed CERM to address disruptions to oil supplies not meeting the IEP requirements. Two Decisions of the IEA's Governing Board in 1981 and 1984, respectively, established the  framework of the CERM program.[6] The IEA Governing Board noted that "oil supply disruptions involving a significant net loss of world oil supply, whether or not sufficient to activate the I.E.P. emergency oil sharing system, could result in severe economic damage to all nations of the free world. Especially if such disruptions were accompanied by public panic, they could result in exaggerated crude oil price increases  not warranted by underlying oil market conditions. Member countries should therefore respond promptly and appropriately to those oil supply disruptions which appear capable of causing severe economic harm."[7] CERM measures include stockdraw (withdrawal from Member States' oil reserves) and other response measures in the event of "an actual or potentially significant oil disruption."[8] In the past, CERM measures have been implemented under the Gulf War Contingency Plan (1991), Y2K Response 1999/2000, and 2003 Response Preparations.[9]

III. IEA Measures in Response to Hurricane Katrina and Oil Supplies Disruption in Gulf of Mexico

Due to the loss of oil production and damage to refinery and transportation capabilities in the Gulf of Mexico from Hurricane Katrina, IEA Member States initiated a CERM response "to make available to the market the equivalent of 2 million barrels per day (2 mb/d) of oil for an initial period of 30 days" on 2 September 2005.[10] The IEA explained that "member countries will contribute to this collective action by making their emergency oil stocks available to the market to help offset the loss of 1.5 million barrels per day of oil production and 2.0 million barrels per day of lost refining capacity resulting from damage from Hurricane Katrina."[11]  As an IEA Member State, the United States will contribute a  significant portion of its own reserves to fulfill the IEA response quota of 2.0 million barrels per day. The United States will contribute 44.2% of the 2.0 million barrels per day. Twenty-five other IEA Member States will also make contributions, with Japan's 12.2%  being the most significant of any individual IEA Member besides the United States.  The IEA noted that the CERM "response can be adapted to changing market needs by adjusting the duration or quantity of oil."[12] The IEA Governing Board will reconvene on 15 September 2024 to evaluate the IEA's response to oil disruptions caused by Hurricane Katrina.

[1] Convention on the Organisation for Economic Co-operation and Development, December 14, 1960, art. 1.

[2] OECD, Decision Establishing an International Energy Agency of the Organisation, C(74)203 (November 15, 2023).

[3] Id. at art. 4-6.

[4] International Energy Agency, Agreement on an International Energy Program, November, 18, 1974 [hereinafter IEP].

[5] IEP, at art. 13.

[6] See IEA, Decision on Preparation for Future Supply Disruptions, IEA/GB(81)86 (December 10, 2023); IEA, Decision on Stocks and Supply Disruptions, IEA/GB(84)27 (July 11, 2024).

[7] IEA, Decision on Stocks and Supply Disruptions, IEA/GB(84)27, Annex 1, para. 1 (July 11, 2024).

[8] Dr. Masaaki Mishiro, Director, Office of Oil Markets and Emergency Preparedness, "The IEA Emergency Response System and its Capability," from European Downstream Oil Industry Seminar, London (February 19, 2024).

[9] IEA, Fact Sheet on IEA Oil Stocks and Emergency Response Potential, 3-4 (September 1, 2005).

[10] IEA, IEA Announcement of Emergency Stock Release, IEA/PRESS(05)14 (September 2, 2005).

[11] Id.

[12] IEA, Contributions of IEA Member Countries to the Hurricane Katrina Oil Supply Disruption, IEA/PRESS(05)15 (September 7, 2024).