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Full-Text Articles in Law

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed. Nov 1950

International Law-Jurisdictional Immunity Of United Nations Employees-The Gubitchev Case, Melvin J. Spencer S.Ed.

Michigan Law Review

Diplomatic officers are immune from the criminal jurisdiction of the receiving state under well-recognized principles of customary international law, which principles are said to be a part of the law of the United States. As international organizations developed, certain privileges and immunities were given to their personnel by treaties or agreements and it appeared that by common consent of the family of nations their right to immunities might also come to be recognized as a principle of the law of nations. As yet the United States has not recognized such a principle and jurisdictional immunity here must still be provided …


International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin Jun 1950

International Law-Jurisdiction-Application Of United States Seaman's Laws To Foreign Seamen On Foreign Vessels, Philip Smullin

Michigan Law Review

Libelants, eleven Greek seamen, signed a contract in the United States for a voyage from this country to Spain on a Greek vessel. They were discharged when the ship reached Barcelona. The shipowners made advance payments to these seamen, as they had in the past, and deducted such payments when settlements were made in the United States at the end of the voyage, a practice contrary to a federal statute. Prior to libelants' return to the United States from Spain, where they had been properly discharged, suit was instituted in their behalf for wages. Respondents paid into court a sum …


International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed. Apr 1950

International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.

Michigan Law Review

The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.


International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed. Apr 1950

International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.

Michigan Law Review

Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …


International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed. Feb 1950

International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.

Michigan Law Review

In a decision handed down April 11, 1949, the court unanimously answered question I(a) (Can the United Nations sue for damages done to itself?) affirmatively. Question I(b) (Can the United Nations sue for damages done to its agents?) was also answered in the affirmative, but over the dissent of four judges. On question II, the majority of the court asserted that a conflict between the agent's national state and the United Nations would be avoided because the United Nations would be claiming only for breach of the obligation due to it.