Law Commons^™

The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance

Michigan Journal of International Law

International law does not recognize an individual right to be granted asylum. The emergence of a variant of such a right under the European Convention on Human Rights, albeit under limited conditions, therefore marks a major departure from customary law, a departure particularly noteworthy given that the parties to the Convention represent some of the most advanced legal systems in the world. The recognition of a right to asylum not only establishes a valuable precedent, but also has a direct impact on the status of refugees in Europe. Although no right of entry is provided, aliens already in countries of …

Appendix Iii, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Review of Foreign Laws

Appendix Iv, Michigan Journal Of International Law

Michigan Journal of International Law

In this section: • Selected Works on the Rights and Status of Refugees Under United States and International Law, 1960-1980

The Development Of Refugee Law, Paul Weis

Michigan Journal of International Law

In customary international law, nationality provides the principal link between the individual and the law of nations. Refugees are commonly understood to be persons who have been compelled to leave their homes on account of natural catastrophes or because of political events; they may be inside or outside their country of origin. Refugees may be stateless or not; most present-day refugees are not stateless. Only international political refugees-persons who are outside their country of origin for political reasons-are discussed in this article, an overview of sources of refugee law, and a preface to the articles in this volume which take …

Deportation And The Refugee, Elwin Griffith

Michigan Journal of International Law

Long ago when it was unnecessary to restrict the number of aliens entering the United States, there was little distinction between refugees and other immigrants. Both groups shared similar motivations and problems. Some immigrated solely for economic reasons, while others sought new horizons because of political or religious persecution at home. In the main, though, the desire to immigrate was nurtured by the yearning for a better life.

Index, Michigan Journal Of International Law

Michigan Journal of International Law

Index of terms used in this volume.

International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty

Michigan Journal of International Law

This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …

Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen

Michigan Journal of International Law

In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.

Federal Funding Of United States Refugee Resettlement Before And After The Refugee Act Of 1980, James A. Elgass

Michigan Journal of International Law

This note begins with an examination of the problems of establishing, funding, and terminating previous resettlement programs involving Cuban and Indochinese refugees. These programs were limited to assisting refugees from specific geographic areas. Each refugee influx called for new legislation, and "new" programs frequently lingered on beyond their useful lives. Uncertainty about the timing of their eventual phaseout left state and local administrators unable to plan for a smooth transition following the termination of federal funding.

Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee

Michigan Journal of International Law

Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …

Refugees, Law, And Development In Africa, Peter Nobel

Michigan Journal of International Law

This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …

Exiting From The Soviet Union: Emigrés Or Refugees?, Zvi Gitelman

Michigan Journal of International Law

One of the most dramatic developments in the Soviet Union during the past decade has been the mass emigration of citizens, mostly of Jewish, German, and Armenian nationality. Emigration from the USSR had not been permitted, except for a tiny handful, since the early 1920s, although in the aftermath of World War II several hundred thousand Soviet citizens managed to remain in the West. These were either prisoners of war, slave laborers, Nazi collaborators, or simply people who took advantage of wartime chaos to flee the Soviet Union. But between 1971 and the end of 1980, over 300,000 Soviet citizens …

The Refugee Act Of 1980: Its Past And Future, David A. Martin

Michigan Journal of International Law

Offered here is a description of the key provisions of the Refugee Act, suggesting why they took the shape they did and outlining the major difficulties that remain in crafting and sustaining effective refugee and asylum policies.

Nordic Refugee Law And Policy, Göran Melander

Michigan Journal of International Law

Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn

Reflections On Self-Determination, William Burnett Harvey

Michigan Law Review

A Review of Secession: The Legitimacy of Self-Determination by Lee c. Bucheit

Human Rights And The International Legal Order, H. G. Schermers

Michigan Law Review

A Review of Human Rights, International Law and the Helsinki Accord edited by Thomas Buergenthal

The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran

Michigan Law Review

A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills

The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Michigan Law Review

Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or …

Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes

Michigan Law Review

The long silence of the inter-American system is remarkable when contrasted with the continuing efforts of the United Nations to elaborate an International Bill of Rights and the significant accomplishments of the Council of Europe in implementing on a regional basis the principal values enunciated in the Universal Declaration of Human Rights. The OAS' lack of interest, until quite recently, in undertaking a similar international program to protect human rights in the American republics is a function of several very special factors, the most important of which is the traditional Latin American repudiation of intervention, in whatever form and for …

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.

Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb

Michigan Law Review

A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.

Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans

Michigan Law Review

A Review of International Law and Asylum as a Human Right. By Manuel R. Garcia-Mora.

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …

International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed.

Michigan Law Review

After World War I, the Allied Powers under Article XXII of the Covenant of the League of Nations designated Great Britain mandatary of Palestine, providing inter alia that, as far as possible without prejudice to the rights of the then residents of Palestine, steps were to be taken to facilitate Jewish immigration. A High Commissioner for Palestine was appointed, who, by the authority vested in him under the mandate, promulgated a general ordinance regulating immigration. It was provided therein that any British government ship might board any vessel to detain and examine persons reasonably believed to be seeking to enter …

Constitutional Law--Anti-Lynching Legislation, William B. Harvey S.Ed.

Michigan Law Review

Despite progress in recent years toward the elimination of lynching, the demand for adequate federal legislation to cope with the problem is unabated. For almost three decades Congress has considered a succession of anti-lynching bills, most of which have been favorably reported by committees. None has become law. Legislators and others opposing the enactment of a federal anti-lynching act have placed primary reliance on an asserted lack of constitutionality. It is argued that lynching is merely local crime within the scope of the power and responsibility of the states to enforce their own criminal law. The purpose of this comment …

The Committee To Frame A World Constitution: Preliminary Draft Of A World Constitution, Michigan Law Review

Michigan Law Review

A Review of PRELIMINARY DRAFT OF A WORLD CONSTITUTION. By The Committee to Frame a World Constitution.

Constitutional Law-Procedural Due Process In Criminal Cases-Adequacy Of Remedies In State Courts To Raise The Questions, David H. Armstrong S.Ed.

Michigan Law Review

This comment will not attempt to consider the guarantees of a fair trial, but will deal with the remedies available to a person confined in a state prison in his attempt to secure relief on the ground of an asserted violation of such guarantees in the conduct of his trial.

The Concept Of "Denial Of Justice" In Latin America, J. Irizarry Y Puente

Michigan Law Review

Much of the credit for the present state of development of the concept of "denial of justice" must go to Latin America. Step by step the efforts of her statesmen, lawmakers and publicists in the spheres of diplomacy, legislation and doctrine, have given the concept a more definite juridical form, and outlined more clearly its frontiers of legitimate action. The concept, far from being now the occasion for diplomatic coercion which it formerly was, is narrowed down to a judicial connotation; and, in this sense, it means that justice has not been done where it should have been.

Its evolution …