Law Commons^™

Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In 1977 when China's leaders dedicated themselves to the four modernizations, they consciously decided to reestablish formal legal institutions as part of their ambitious plan of growth. In light of China's legal history since the Communist victory in 1949, this decision is significant. Since 1949 law had borne the heavy imprint of politics; since the late nineteen-fifties, the Chinese leadership had shown little concern for the fate of formal legal institutions; during the Cultural Revolution, the legal system had virtually disappeared. But since 1977, despite fluctuations in economic policy the attitudes of the leadership toward law, repeatedly echoed by lower …

Taiwan Communiqué And Separation Of Powers, Hungdah Chiu

Congressional Testimony

Hearings Before the United States Senate, Committee on the Judiciary, Subcommittee on Separation of Powers. 97^th Congress, 2^nd Session (September, 1982).

Fourth Report On Jurisdictional Immunities Of States And Their Property, Sompong Sucharitkul

Publications

This is the fourth of a series of reports on the topic of jurisdictional immunities of States and their property, prepared and submitted by the Special Rapporteur for consideration and deliberation by the International Law Commission. The series was preceded by an earlier study presented by the Working Group on the topic in July 1978 in the form of an exploratory report.

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.

Reflections On Unclos Iii, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …

Comment, “Foreign Antitrust Violations And The Act Of State Doctrine”, Michael Roffer

Articles & Chapters

No abstract provided.

Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of I he officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and …

The International Legal Status Of Foreign Government Deposits In Overseas Branches Of U.S. Banks, Robert B. Owen, Lori Fisler Damrosch

Faculty Scholarship

Political as well as economic forces can lead governments to default on their obligations to foreign banks. For example, the demand of the revolutionary government of Iran that the United States return he former Shah and his wealth to Iran and the subsequent seizure of American embassy personnel in Tehran on November 4, 1979, were political events which quickly resulted in a default on Iranian obligations to U.S. banks.

Following the embassy seizure, the status of the Iranian Government's huge deposits in overseas branches of U.S. banks quickly came into question. In an effort to coerce the United States to …

Application Of Customary International Law By U.S. Domestic Tribunals, Lori Fisler Damrosch

Faculty Scholarship

In recent years there has been a significant expansion of the number and kinds of cases in U.S. courts raising issues of customary international law. U.S. courts are increasingly asked to enforce international norms of behavior against foreign governments, state and local governments, and indeed the U.S. Government itself. To a greater and greater extent the courts themselves have become actors on the international scene: in the view of one party to a lawsuit, judicial or quasi-judicial acts may threaten to violate international law, while in the view of another party those same sorts of acts can contribute affirmatively to …

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.