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Full-Text Articles in Law
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
Michigan Journal of International Law
This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.
Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii
Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii
Michigan Journal of International Law
Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
Michigan Journal of International Law
A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová
Michigan Journal of International Law
This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Michigan Journal of International Law
Because the existing body of international environmental law has, in part, emerged on the basis of "soft" norms, it provides a good field for observing the general sociological and juridical phenomenon termed "soft" law. The 1972 Stockholm Declaration adopted by the UN Conference on the Human Environment, for example, constitutes the normative program for the world community 'in this field. Although, from a formal point of view, the Declaration is only a nonbinding resolution, many of its "principles," particularly Principle 21, have been relied upon by governments to justify their legal rights and duties. The subsequent State practice has been, …
The United Nations And The Enforcement Of Peace, Eric Stein
The United Nations And The Enforcement Of Peace, Eric Stein
Michigan Journal of International Law
This essay is a revised version of an address given at a symposium held in the fall of 1986 in Heidelberg, Federal Republic of Germany, in commemoration of the 600th anniversary of the Heidelberg University. By one of the coincidences that haunt human life, the United Nations is again the topic.
Law And Alternative Security, Burns H. Weston
Law And Alternative Security, Burns H. Weston
Michigan Journal of International Law
Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
Michigan Journal of International Law
This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
The International Law Of State Responsibility: Revolution Or Evolution?, Pierre-Marie Dupuy
Michigan Journal of International Law
After briefly summarizing the classical doctrine of state responsibility, Part One will discuss whether extending compensation to the harmful consequences of certain hazardous activities necessarily involves the recognition of a "liability for lawful conduct" without any link to traditional ideas of state responsibility. Part Two, starting again from responsibility for wrongful acts, will discuss whether raising a new category, the breach of an "essential obligation" or "international crimes," confers not only an obligation to make reparations, but a right, in both the victim state and the non-victim states, to sanction the responsible state.
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
Michigan Journal of International Law
Two approaches have emerged in recent American literature as to the appropriate United States attitude toward the World Court: (1) the re-acceptance of compulsory jurisdiction with various reservations to preserve vital American interests; and (2) the preservation of the status quo premised on a perception that the World Court is biased or misguided, while promoting the United States government's perspective on international law. This article argues that neither approach comes to terms with the wide disagreements about content and process in the international community. Both fail to promote the goals of an enhanced World Court or a better international legal …
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey
Michigan Journal of International Law
This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.