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<br />000333 <br /> <br />DRAFT-Not for distribution <br /> <br />take into consideration that disputes should as a general rule be referred by the parties to the <br />International Court of Justice. 243 <br /> <br />Likewise, if any party to a case fails to perform the obligation incumbent upon it under a <br />judgment rendered by the Court, the other party may have recourse to the Security Council, <br />which may, ifit deems necessary, make recommendations or decide upon measures to give effect <br />to the judgment.244 As is obvious, the actual performance of treaties is really attributable to <br />"comity of nations"-the courtesy and friendship of nations marked especially by mutual <br />recognition of executive, legislative, and judicial acts. <br /> <br />Whatever the various means by which international agreements may be entered by United <br />States departments and agencies, and the various constitutional authorities justifying their doing <br />so, the State Department of the United States takes the position that all such agreements are <br />"treaties" and must, in any event be complied with as obligations ofthe United States.245 <br /> <br />22 <br />