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Articles 271 - 298 of 298
Full-Text Articles in Entire DC Network
National Copyright Law V. Community Law: Which Law Is Controlling In Intellectual Property Derivative Market Products?, Lynne Kimberly Law
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.
Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey
Immigration And Naturalization Service V. Doherty: The Politics Of Extradition, Deportation, And Asylum, Jennifer M. Corey
Maryland Journal of International Law
No abstract provided.
How To Advance Human-Rights Without Really Trying - An Analysis Of Nongovernmental Tribunals, Arthur Blaser
How To Advance Human-Rights Without Really Trying - An Analysis Of Nongovernmental Tribunals, Arthur Blaser
Political Science Faculty Articles and Research
The purpose of this analysis is fourfold: first, to trace the development of nongovernmental tribunal activity; second, to identify and describe organizations and individuals who exemplify the visionary spirit of the tribunals; third, to analyze the tribunals as quasi-legal proceedings; and fourth, to assess the tribunals' present and potential impact.
The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese
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' …
The New World Order And The Need For An International Criminal Court, William N. Gianaris
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 …
The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale
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 …
The Enforcement Of Competition Policy In The European Community: A Mature System, Jonathan Faull
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.
The Emerging European Community: A Framework For Institutional And Legal Analysis, Martin E. Elling
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.
The Products Liability Directive: A Mandatory Development Risks Defense, Lori M. Linger
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.
The Single European Act: A Constitution For The Community?, George A. Bermann
The Single European Act: A Constitution For The Community?, George A. Bermann
Faculty Scholarship
If proof were needed that the European Economic Community is still the product of a careful tempering of integrationist impulses with preoccupations of national sovereignty, the recently ratified Single European Act (Single Act or Act) amply supplies it. Although the Single Act represents the most comprehensive revision to date of the Treaty of Rome (EEC Treaty), which established the European Economic Community (European Community or Community), it also reflects the continuing vitality of the view that functional change within the Community takes priority in time over structural and institutional reform. Rather than place European integration on a new set of …
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver
Journal Articles
This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …
Remarks Of Professor John F. Murphy, John F. Murphy
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 …
Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane
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.
Toward Negotiating A Remedy To Copyright Piracy In Singapore, James W. Peters
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, …
The Need For A Ban On All Radioactive Waste Disposal In The Ocean, David G. Spak
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 …
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
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 …
Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker
Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker
Articles by Maurer Faculty
No abstract provided.
Tom Sawyer's Apology: A Reevaluation Of United States Pesticide Export Policy, Mark David Mcwilliams
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 …
International Law And The Control Of Terrorism, L. C. Green
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' …
United States V. Falvey: A Constitutionality Test For Foreign Electronic Intelligence Surveillance, Tracy Kenyon Lischer
United States V. Falvey: A Constitutionality Test For Foreign Electronic Intelligence Surveillance, Tracy Kenyon Lischer
North Carolina Journal of International Law
No abstract provided.
The Foreign Agents Registration Act: A New Standard For Determining Agency, Yuk K. Law
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.
Customary International Law And Deep Seabed Mining, L.F.E. Goldie
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.
The Law Of Strikes And Picketing In Caricom Countries, R. L. Chaudhary
The Law Of Strikes And Picketing In Caricom Countries, R. L. Chaudhary
University of Miami Inter-American Law Review
No abstract provided.
Habeas Marinus: A Proposal In Ocean Law, L. Kutner
Habeas Marinus: A Proposal In Ocean Law, L. Kutner
University of Miami Inter-American Law Review
No abstract provided.
Maritime Contiguous Zones, Lloyd C. Fell
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.
International Responsibility For Subversive Activities And Hostile Propaganda By Private Persons Against Foreign States, Manuel R. Garcia-Mora
International Responsibility For Subversive Activities And Hostile Propaganda By Private Persons Against Foreign States, Manuel R. Garcia-Mora
Indiana Law Journal
No abstract provided.
Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School
Lectures On The Conflict Of Laws And International Contracts, University Of Michigan Law School
Summer Institute on International and Comparative Law
The lectures contained in this volume were delivered at Ann Arbor in the course of the sessions of the Summer Institute on International and Comparative Law under the auspices of the University of Michigan Law School, August 5 to 21, 1949. As a part of the institute program that has been inaugurated with the encouraging support not merely of the Faculty of the Law School but also of many interested members of the bar - a program designed to supplement the ordinary course of legal studies through the exploration of "frontiers of the law" in lectures and discussions delivered or …
Neutrality And The European War 1939-1940, Josef L. Kunz
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.