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Conflicts Between Treaties And Subsequently Enacted Statutes In Belgium: Etat Belge V. S.A. "Fromagerie Franco-Suisse Le Ski", Michigan Law Review

Michigan Law Review

In Etat Belge v. S.A. "Fromagerie Franco-Suisse Le Ski," the Supreme Court of Belgium was faced with a conflict between a provision of the European Economic Community (EEC) treaty and a domestic law enacted subsequent to Belgian ratification of the treaty. The traditional approach in Belgium--and, incidentally, the rule in the United States--had been to give effect to whichever was enacted later in time. Although not stated explicitly in any constitutional provision, this rule had been well settled in Belgium.

Limited Government And Judicial Review, Paul G. Kauper

Michigan Law Review

A Book Review of Limited Government and Judicial Review by Durga Das Basu

Latin American Economic Integration, F. Orrego-Vicuña, A. O.C. Tolosa

University of Miami Inter-American Law Review

No abstract provided.

The Oceans, Staff Report

University of Miami Inter-American Law Review

No abstract provided.

The Andean Code: A Preliminary Appraisal, A. C. Swan

University of Miami Inter-American Law Review

No abstract provided.

Latin American Economic Integration, F. Orrego-Vicuña, A. O. C. Tolosa

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Bar Association, J. O. Dahlgren

University of Miami Inter-American Law Review

No abstract provided.

The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley

IUSTITIA

Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …

The Structure Of The Private Multinational Enterprise, Yitzhak Hadari

Michigan Law Review

From the beginning of the Industrial Revolution, society has experienced the persistent tendency of business organizations to expand. Businesses evolved from the rural workshop to the urban factory; from the municipal firm to the regional firm and then to the national enterprise. More recently, enterprises have expanded even further, from national firms with small export outlets to huge multinational enterprises (MNEs) embracing business operations all over the globe coordinated under a single management. Yet, along with its beneficial results for the peoples of the world, each new economic era brings with it new problems as well.

The conflict between the …

United States Investment In Latin America, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Taxation, M. J. Langer, J. P. Corrigan Jr.

University of Miami Inter-American Law Review

No abstract provided.

The Railroad Passenger Problem: American And British Experiences As Bases For A New Model, Vincent J. Tolve

University of Michigan Journal of Law Reform

This article examines the character of the rail passenger problem, identifies the American and British governments' responses and proposes a hybrid model of a rail passenger service organization based on several intrinsic characteristics of these existing systems. The article implies that the profit standard inadequately measures the success of a public utility, and suggests the adoption of an eclectic standard that measures enterprise success in terms of economic viability, response to public need, and quality of service rendered. The proposed model involves the rediscovery, application, and combination of two organizational concepts: the public corporation and the interstate compact.

Presidential Discretion In Foreign Affairs, Glen E. Thurow

Vanderbilt Journal of Transnational Law

Madison's argument, which attempts to state that the powers in foreign relations can be separated on principle, is in contrast to the arguments of Locke and Montesquieu that we have sketched as well as to the thrust of the Federalist. Our brief discussion of it does not do it justice, but is justified by the failure of the legislation under consideration to move in Madison's direction. The current legislation does not attempt to specify certain powers belonging to Congress as legislative in their nature, and others to the President as executive, but to limit discretion and share the remaining discretion …

The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot

Vanderbilt Journal of Transnational Law

The importance of foreign trade in the conduct of foreign affairs demonstrates that many foreign commerce questions contain foreign affairs overtones. For example, President Nixon has recently noted that congressional restrictions on granting the Soviet Union most-favored-nation treatment would be "a hurdle to further detente." Although article I, section 8 of the Constitution vests the power to regulate foreign commerce in the legislative branch, the Congress has delegated a great deal of that power to the Executive. Moreover, it appears that the President possesses certain inherent powers in foreign commerce as a result of his extensive, albeit undefined, authority in …

Legislative Conflicts Of Interest - An Analysis Of The Pennsylvania Legislative Code Of Ethics, James A. Shellenberger, Richard B. Hardt

Villanova Law Review

No abstract provided.

Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson

Villanova Law Review

No abstract provided.