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Full-Text Articles in Law
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson
Washington Law Review
In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson
Washington Law Review
The subject of this article is a substantial one, bursting with theoretical and practical problems, but it is of course much narrower than the survey of the Communities in the spring of 1966 which Mr. Thompson presented to the conference. That survey was made in the light of the six months crisis created by the absence of the French from the work of the institutions of the Economic Community. The resistance of the French to certain central aspects of the development of the Community institutions, particularly to what they described as the developing "style" of the Commission, was set out …
The Common Market: A New Legal Order, Dennis Thompson
The Common Market: A New Legal Order, Dennis Thompson
Washington Law Review
This term, the "new legal order," was first used by the Court of Justice in the First Tariff Commission case; I use the expression in its widest possible sense. This new legal order which springs from the Treaty of Rome, and which brings the citizens of the Community within the protection of the Treaty, also applies to the relations between the member states. The constitutional position of the member countries has been radically altered by the terms of the Treaty, and their relationship is no longer one which exists between fully sovereign countries. They have all—and equally—subscribed to build the …
The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog
The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog
Washington Law Review
The Court of Justice of the European Communities has inspired much legal writing, including many books and articles in English. Particular attention has been paid to its jurisdiction and general organization, much less to its procedure. But Professor Sereni has pointed out that differences in the domestic procedural laws of states appearing before an international court may cause difficulties in the work of the international tribunal itself. It therefore may be of interest to review briefly some aspects of the procedure of a court which is perhaps not an international tribunal in the strict sense of the word, but in …
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman
Washington Law Review
It is often said that the European Communities are unique, that they cannot be fruitfully compared to other institutions, whether international or federal. Certainly, to a common law lawyer they appear to be uniquely civil law creations; their solutions to various problems appear novel to him. Despite differences in approach much is to be learned by comparing or at least contrasting the European approach with that of the common law. Professor Herzog has well illustrated some of the differences in his excellent paper on the Court of Justice.
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb
Washington Law Review
The delicate problems of the evolving relationship between supranational, European Economic Community Treaty law and the national law of the member countries are dramatically illustrated by the decisions of national courts and the Commission of the European Economic Community in the series of cases dealing with the legitimacy of sole distributorships coterminous with national boundaries of the member countries. The operational context of the actual cases in this field not only constitutes a more dramatic setting than the abstract study of the bare provisions of the Treaty of Rome and its implementing regulations; it also effectively brings to light a …
Comments On The Common Market, Robert A. Anthony
Comments On The Common Market, Robert A. Anthony
Washington Law Review
We have before us a subject that is more economic than legal. The important questions about that subject are more political than legal. Into such realms I venture only most warily. I find interesting Dennis Thompson's portrayal of the Common Market as "the only body in Europe that really matters." His characterization is as apt as it is pithy and, indeed, pertinent for his countrymen's consideration at this moment of economic and electoral decision. And it seems to me that we should ask: why is the Economic Community the only body that "matters"? It matters, I think, because it is …
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Introduction [To The Common Market: A Symposium], Richard B. Lillich
Washington Law Review
The symposium contains two parts. In the general part, Dennis Thompson, Esq., Assistant Director of the British Institute of International and Comparative Law and Editor of the Common Market Law Review, discusses in depth the history, operation and future of The Common Market: A New Legal Order. Professor Albert H. Garretson, a colleague of two Associate Reporters of the American Law Institute's Restatement of the Foreign Relations Law of the United States, uses its framework to examine The Foreign Relations Law of the Common Market. Comments on these papers are by Professor Robert A. Anthony, Director of International Legal Studies …
Some Diplomatic Problems Of Codification Of The Law Of Treaties, Shabtai Rosenne
Some Diplomatic Problems Of Codification Of The Law Of Treaties, Shabtai Rosenne
Washington Law Review
The International Law Conmission is presently engaged in a project to codify the Law of Treaties. A project of this magnitude is, of course, replete with imany substantive legal problems. The author, while fully cognizant of the ramifications of the legal issues presented by the codification, takes as his central topic some of the less obvious but, perhaps ultiviately more critical problems, related to the codification project. After defining the scope of the project and tracing the remote and recent history of the codification of treaty law, the author discusses the structural form which the restatement of treaty law has …
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel
Washington Law Review
No abstract provided.