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Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus Jan 1993

Radioactive Waste And Euratom: Towards A More Effective Regime Of Regulation, Samuel B. Angus

UC Law SF International Law Review

The accumulation of radioactive waste is increasingly becoming a world environmental crisis. Radioactive waste poses a special problem to the countries of the European Community. Europe has committed itself to nuclear power and has become one of the world's largest producers of nuclear energy. Moreover, with the 1992 unification of the European Community, nuclear energy output will increase, resulting in a growing production of radioactive waste. Within the European Community, the disposal of radioactive waste is governed by the Euratom Treaty. However, its effectiveness is sharply limited. Individual Member-states retain significant discretion under the Treaty to direct their nuclear energy …

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Going To England: Irish Abortion Law And The European Commnuity, David Cole Jan 1993

Going To England: Irish Abortion Law And The European Commnuity, David Cole

UC Law SF International Law Review

Until recently, Ireland outlawed abortion altogether, subject only to the defense of strict necessity. However, Ireland may now be bringing its abortion policies into line with the more liberal policies of the majority of other European nations, most of which permit abortion. This Article explores the recent changes in Ireland's attitude toward abortion. In particular, this Article examines the interplay of European and domestic Irish forces in the struggle for reproductive rights in Ireland from 1983, the year Ireland adopted a constitutional amendment guaranteeing the right to life of the unborn, to the present. The author proposes that the impetus …

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Promoting International Respect For Worker Rights Through Business Code Of Conduct, Jorge F. Perez-Lopez Jan 1993

Promoting International Respect For Worker Rights Through Business Code Of Conduct, Jorge F. Perez-Lopez

Fordham International Law Journal

This Article explores the promotion of international respect for worker rights through codes of conduct for U.S. businesses operating abroad. The emphasis is on codes of conduct that have been expressly developed to apply to U.S. corporations or their suppliers. Therefore, codes developed by international organizations to deal with labor practices of multinational corporations, without regard to the country of origin of the corporation, are beyond the scope of this article. Part I of the Article describes several codes of conduct promoting fair labor standards that apply to U.S. businesses operating abroad. Part II outlines administrative and legislative efforts designed …

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National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law Jan 1992

National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law

Penn State International Law Review

No abstract provided.

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Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey Jan 1992

Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey

Maryland Journal of International Law

No abstract provided.

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The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese Jan 1992

The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese

Michigan Journal of International Law

With the help of a research team, the author spoke to the people most responsible for using-or ignoring-international law today: present and former foreign ministers and their chief legal advisers, hereafter referred to as LAs. From them, he hoped to get direct and first-hand evidence on the role played by international law in today's political arena. By sounding them out as thoroughly as the author and team of researchers did, it is now possible to shed some light on the role played by law and lawyers in foreign affairs. Part I of this essay will describe the role Legal Advisers' …

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The New World Order And The Need For An International Criminal Court, William N. Gianaris Jan 1992

The New World Order And The Need For An International Criminal Court, William N. Gianaris

Fordham International Law Journal

This Article contends that the current status of international law enforcement is inadequate to address the newly emergent problems of international crime and that new measures are needed. Part I briefly reviews the historical background of international cooperation in the field of law enforcement, including past attempts to form an international criminal court. Part II describes and analyzes the current status of international law enforcement, including the most recent and extensive attempt to increase the level of cooperation in the field of international drug trafficking, the 1988 U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Part III …

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The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale Jan 1991

The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale

Penn State International Law Review

Traditional international law rules that people must be free to move about the world without undue hindrance, coming and going with reasonable freedom. At the same time, the concept of the sovereign nation includes a right to say who will enter the nation's borders, who will be barred. These two principles are at odds with each other: who is to say that because one may travel freely, any given nation must allow that person to enter? It is conceivable that no nation may allow the traveller to enter. There is no law or right which dictates that every traveller must …

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The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull Jan 1991

The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull

Fordham International Law Journal

In what follows, I will review a number of policy issues and offer comments in arguing the case for the maturity of the EC's enforcement system. I will concentrate exclusively on antitrust enforcement, but it should not be forgotten that state aids policy is also an important part of the EC's competition policy.

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The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling Jan 1990

The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling

UC Law SF International Law Review

The European Community is not just a common market but rather a nascent political union. Facile comparisons between the institutions of the EC and the United States are insufficient and miss the point that the EC is developing a hybrid institutional and legal framework. It is crucial that political, economic, and legal actors understand the subtleties of how the EC functions, its aspirations for 1992 and beyond, and the likely changes to be wrought by the decay of Soviet hegemony in Eastern Europe.

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The Products Liability Directive: A Mandatory Development Risks Defense, Lori M. Linger Jan 1990

The Products Liability Directive: A Mandatory Development Risks Defense, Lori M. Linger

Fordham International Law Journal

This Note argues that the optional inclusion of the development risks defense in Member State legislation undermines the Products Liability Directive by impeding harmonization of products liability laws in the Community. Part I sets forth the background and content of the Products Liability Directive. Part II discusses the implementation of the Products Liability Directive in Member State legislation. Part III argues that the optional nature of the development risks defense undermines the intent of the Directive. This Note concludes that the development risks defense should be mandatory in order to establish uniform products liability laws in the Member States.

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Remarks Of Professor John F. Murphy, John F. Murphy Jan 1987

Remarks Of Professor John F. Murphy, John F. Murphy

Vanderbilt Journal of Transnational Law

have been asked to address the topic of legal responses to state sponsored terrorism. As has been mentioned, I am chairing an American Society of International Law Committee on Responses to State Sponsored Terrorism. You may be interested to know that the mandate from the president of the American Society of International Law, Keith Highet, said that we should focus our attention on responses other than the use of armed force. I think that was wise, because the members of that particular committee would never agree in any way on the subject of military responses to terrorism. I will discuss …

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Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane Jan 1986

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

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Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters Jan 1986

Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters

Northwestern Journal of International Law & Business

The pirates of modern Singapore threaten to undermine the international trade of copyrighted works. Advancements in technology have facilitated the inexpensive reproduction of books, audio and video cassettes, and computer programs. Printing, video, and audio pirates have found Singapore well suited to the unauthorized copying of protected works. Literature and music reproduced in Singapore has found its way to markets throughout the world. To persuade Singapore to protect intellectual property, United States and British business organizations, the United States government, and the governing bodies of international intellectual property conventions have proposed measures ranging from educational programs to economic reprisals. Still, …

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The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak Jan 1986

The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak

Northwestern Journal of International Law & Business

The harnessing of nuclear power is the technological advance which best represents the ability of the human race to transform the environment for both good and bad. Nuclear power can be used either to destroy the earth or to improve greatly the quality of life for all persons. Attendant with this power is the problem of what to do with radioactive wastes left behind by the private and public uses of a technology not yet fifty years old. As wastes from nuclear power plants, government projects, and various fields of science continue to amass, attention is being focused increasingly on …

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Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff Jan 1985

Blocking And Clawing Back In The Name Of Public Policy: The United Kingdom's Protection Of Private Economic Interests Against Adverse Foreign Adjudications, Michael L. Novicoff

Northwestern Journal of International Law & Business

Like their common law cousins, the courts of the United Kingdom have long claimed the authority to decline recognition to foreign sovereign acts which pose a threat to their nation's public policy. This Article surveys the British cases in which such discretion has been or might have been exercised, and it concludes that the doctrine is no longer applied in the very instances for which it was developed. Instead, it appears that the doctrine is, in its old age, used merely as a pretext for the advancement of British economic interests at the expense of international comity. A new model …

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Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams Jan 1984

Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams

UC Law SF International Law Review

United States pesticide manufacturers are exporting increasingly large amounts of pesticides which are banned or restricted for use in the United States. The use of these pesticides presents dire health and environmental consequences in the developing countries which import the pesticides. Current United States policy dealing with the problems raised by pesticide export stresses notification of recipient countries when such pesticides are exported. This Note contends that the notification policy is fundamentally flawed in that developing countries cannot make use of the information provided by the notification process. The Note suggests that a new policy of direct regulation is needed …

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International Law And The Control Of Terrorism, L. C. Green Apr 1983

International Law And The Control Of Terrorism, L. C. Green

Dalhousie Law Journal

Any discussion of terrorism whether it affects the inlterests of a single country or those of more than one immediately involves problems of definition. According to the Oxford English Dictionary, for example, terrorism is defined as "1. Government by intimidation as directed and carried out by the party in power in France during the Revolution of 1789-1794; the system of the 'Terror'; 2. A policy intended to strike with terror those against whom it is adopted; the employment of methods of intimidation; the fact of terrorizing or condition of being terrorized." The English statute passed in connection with the 'troubles' …

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United States V. Falvey: A Constitutionality Test For Foreign Electronic Intelligence Surveillance, Tracy Kenyon Lischer Jan 1982

United States V. Falvey: A Constitutionality Test For Foreign Electronic Intelligence Surveillance, Tracy Kenyon Lischer

North Carolina Journal of International Law

No abstract provided.

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The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law Jan 1982

The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law

Fordham International Law Journal

This Note will give an overview of the development, operation and enforcement of FARA. It will then discuss the INAC case and the confusion it is likely to cause among voluntary groups as to their duty to register under FARA. This Note will also discuss how the INAC informative purposes standard will exacerbate current problems in administering FARA. Lastly, this Note will recommend that the INAC standard not be followed.

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Customary International Law And Deep Seabed Mining, L.F.E. Goldie Jan 1979

Customary International Law And Deep Seabed Mining, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

Presentation and Panel Discussion from the symposium entitled, Mining the Deep Seabed: A Range of Perspectives. This paper stresses current issues and questions involving the Third United Nations Conference on the Law of the Sea and to look at their effects.

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The Law Of Strikes And Picketing In Caricom Countries, R. L. Chaudhary Oct 1974

The Law Of Strikes And Picketing In Caricom Countries, R. L. Chaudhary

University of Miami Inter-American Law Review

No abstract provided.

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Habeas Marinus: A Proposal In Ocean Law, L. Kutner Feb 1969

Habeas Marinus: A Proposal In Ocean Law, L. Kutner

University of Miami Inter-American Law Review

No abstract provided.

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Maritime Contiguous Zones, Lloyd C. Fell Mar 1964

Maritime Contiguous Zones, Lloyd C. Fell

Michigan Law Review

During the past two centuries, various states which had previously limited their claims of full sovereignty to narrow marginal seas have also asserted special types of jurisdiction over high seas zones outside what they claimed (or what others accepted) as territorial waters. This comment deals with such claims to contiguous zones of the high seas over which the littoral state asserts authority: which may affect the interests of other states.

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International Responsibility For Subversive Activities And Hostile Propaganda By Private Persons Against Foreign States, Manuel R. Garcia-Mora Apr 1960

International Responsibility For Subversive Activities And Hostile Propaganda By Private Persons Against Foreign States, Manuel R. Garcia-Mora

Indiana Law Journal

No abstract provided.

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Neutrality And The European War 1939-1940, Josef L. Kunz Mar 1941

Neutrality And The European War 1939-1940, Josef L. Kunz

Michigan Law Review

Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.

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