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Full-Text Articles in Law
On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss
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 …
Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.
Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.
Michigan Law Review
The advent of the present administration has brought into full bloom a hardy perennial among the annual crop of proposed constitutional amendments. The emergence of the United States from World War II as the leader of the free nations of the world and distrust of the rapid expansion of executive power under the Roosevelt Administration have given impetus to a movement to check any further expansion of the presidential power to conduct our foreign relations. In addition, many people are alarmed by the possibility that this country might become a party to international agreements which would operate to alter or …
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel
Michigan Law Review
The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …
International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed.
International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed.
Michigan Law Review
"The effect of war upon the existing treaties of belligerents is one of the unsettled problems of the law." At one time, writers on international law felt that war, ipso facto, abrogated all bilateral treaties between the combatants, with the exception of those treaties especially designed to regulate the conduct of hostilities. The modern trend is to a more flexible approach; the courts attempt to discern the intention of the parties at the time they concluded the treaty or deal with the problem pragmatically, preserving or annulling the treaties as the necessities of war exact. Disagreement persists, however, and it …
Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus
Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus
Michigan Law Review
Unlike the First World War, the Second World War has already produced at this stage of its progress significant publications concerning the problems of military government which may well assist interested students and practitioners in cutting a path through this thorny field. Occupying the area of enemy countries is a task of which by all odds the most difficult part, that of the occupation of both Germany and Japan, still lies ahead. Two recently published studies, both of them by jurists with a European legal background who are at present engaged in the service of a war agency of the …
Niemeyer On Law Without Force, Josef L. Kunz
Niemeyer On Law Without Force, Josef L. Kunz
Michigan Law Review
Whereas Lauterpacht tried to determine the function of law in the international community, Niemeyer investigates the function of politics in international law. His book is on politics, but it is theoretical in its treatment and not political. The book not only represents an ambitious work, but is certainly interesting and stimulating. As to his ideas, Niemeyer derives from Herman Heller, to whom the book is dedicated. Heller's theory of the States is not a legal, but a sociological, a functional theory of the modern, occidental State as it developed since the Renaissance, a theory which stands halfway between Kelsen's "pure …
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.