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Articles 121 - 142 of 142
Full-Text Articles in Law
The Passive Personality Principle, Geoffrey R. Watson
The Passive Personality Principle, Geoffrey R. Watson
Scholarly Articles
This Article examines the merits of the passive personality principle of criminal jurisdiction, focusing particularly on United States practice. Part II traces the evolution of passive personality jurisdiction in United States law, asserting that passive personality jurisdiction had almost no place in United States law until the 1970s, when Congress began to seek ways to punish terrorist acts against Americans overseas. Part III argues that international law should permit states to exercise passive personality jurisdiction, but only if the defendant is not prosecuted either by the state in which the crime was committed or by the defendant's home state. Part …
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Constitutionalism, Judicial Review, And The World Court, Geoffrey R. Watson
Scholarly Articles
This Article considers whether the World Court can and should review the validity of acts of the Security Council and General Assembly. Part I argues that the text and negotiating history of the U.N. Charter leave room for the World Court to exercise at least some power of judicial review but do not delineate the precise scope or effect of such review. Part II asserts that the World Court has in fact repeatedly exercised a power of judicial review, albeit deferentially, over acts by the Security Council and the General Assembly. Part III argues that the World Court can review …
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Scholarly Articles
When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …
A Road Paved With Good Intentions: State And Local Efforts To Conduct Foreign Policy And The Application Of South African Sanctions To Namibia, Antonio F. Perez
A Road Paved With Good Intentions: State And Local Efforts To Conduct Foreign Policy And The Application Of South African Sanctions To Namibia, Antonio F. Perez
Scholarly Articles
No abstract provided.
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Scholarly Articles
None available.
Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis
Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis
Scholarly Articles
None available.
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
From Cutlass To Cat-O’-Nine Tails: The Case For International Jurisdiction Of Mutiny On The High Seas, George P. Smith Ii
Scholarly Articles
This article will first discuss the historical background of mutiny, describing several of the major mutinies at sea that have been of interest to legal historians. Then will come an analysis of the history of piracy and an exploration of its symbiotic relationship with mutiny. Subsequent analysis will be given over to municipal law provisions outlawing mutiny - with concentration placed on the postures taken by those nation-states which subscribe to or are guided by the common law. A study of those relevant principles of international law regarded as controlling, as a consequence of historical vectors of force and municipal …
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Alien Tort Claims, Sovereign Immunity And International Law In U.S. Courts, Frederic L. Kirgis
Scholarly Articles
None available.
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Understanding The Act Of State Doctrine's Effect, Frederic L. Kirgis
Scholarly Articles
None available.
Federal Statutes, Executive Orders And "Self-Executing Custom", Frederic L. Kirgis
Federal Statutes, Executive Orders And "Self-Executing Custom", Frederic L. Kirgis
Scholarly Articles
None available.
Custom On A Sliding Scale, Frederic L. Kirgis
American Retreat From Extraterritorial Antitrust Enforcement: Consequences Of New Legislative Policies For An International Competitive Economy, George E. Garvey
American Retreat From Extraterritorial Antitrust Enforcement: Consequences Of New Legislative Policies For An International Competitive Economy, George E. Garvey
Scholarly Articles
No abstract provided.
The United Nations And The Environment: Sometimes A Great Notion?, George P. Smith Ii
The United Nations And The Environment: Sometimes A Great Notion?, George P. Smith Ii
Scholarly Articles
This article presents an historical retrospective of the efforts of the United Nations to deal, rather unsuccessfully, with the global environment.
Today, as in the late 1970’s and the 1980’s, the success of transnational environmental programs cannot be measured within an isolated prism; but, rather, with a realization of resource interdependence. There is no over-arching principle of shared responsibility among the states which acknowledges an obligation for them to compromise sovereignty in the name of promoting the United Nations Environmental Programme (UNEP). The UN’s global protection plan, as it emerged from the 1972 Stockholm Conference on the Human Environment and …
Acid Rain: A Transnational Perspective, George P. Smith Ii
Acid Rain: A Transnational Perspective, George P. Smith Ii
Scholarly Articles
The purpose of this article is to evaluate current selected transnational efforts designed to meet and combat the problems of acid rain, evaluate the possible legal remedies available for violations thereof and suggest avenues for discerning and evaluating a measured approach to environmental decision-making.
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
Scholarly Articles
None available.
Nato Consultations As A Component Of National Decisionmaking, Frederic L. Kirgis
Nato Consultations As A Component Of National Decisionmaking, Frederic L. Kirgis
Scholarly Articles
None available.
The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii
The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii
Scholarly Articles
Free transit and innocent passage as internationally recognized maritime rights present few problems. Complexities arise when some states - dissatisfied with innocent passage because of alleged weaknesses in its operation and implementation - seek to modify or completely transform this right into the broader right of free transit through certain territorial waters in international straits in disregard of coastal state needs. Other states assert there can be neither a re-evaluation nor a modification of the right of innocent passage and the right of free transit until agreement is first reached on the extent of expanded fishing rights and rights for …
Toward An International Standard Of Environment, George P. Smith Ii
Toward An International Standard Of Environment, George P. Smith Ii
Scholarly Articles
No abstract provided.
Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis
Effective Pollution Control In Industrialized Countries: International Economic Disincentives, Policy Responses, And The Gatt, Frederic L. Kirgis
Scholarly Articles
None available.
Technological Challenge To Shared Environment: United States Practice, Frederic L. Kirgis
Technological Challenge To Shared Environment: United States Practice, Frederic L. Kirgis
Scholarly Articles
None available.
Stockholm. The Summer Of ‘72: An Affair To Remember?, George P. Smith Ii
Stockholm. The Summer Of ‘72: An Affair To Remember?, George P. Smith Ii
Scholarly Articles
The United Nations Conference on the Human Environment staged last June in Stockholm was intended to galvanize international action to protect the global environment from continued pollution. It adopted a Draft Declaration on the Human Environment and an Action Plan to put it into effect. The declaration and plan went before the United Nations General Assembly this fall.
Apostrophe To A Troubled Ocean, George P. Smith Ii
Apostrophe To A Troubled Ocean, George P. Smith Ii
Scholarly Articles
No abstract provided.