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Full-Text Articles in Law

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith Apr 1976

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

Scholarly Works

This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …


Naval Missions And The Law Of The Sea, Mark Weston Janis Jan 1976

Naval Missions And The Law Of The Sea, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


Report On The Internal Training Program Of Zambia’S Department Of Taxes, Richard Pomp Jan 1976

Report On The Internal Training Program Of Zambia’S Department Of Taxes, Richard Pomp

Faculty Articles and Papers

This report covers a review of the internal training program of Zambia’s Department of Taxes in 1975 and offers numerous suggestions for improvement. The report begins with a brief description of the courses of study in the training program, followed by a discussion of problem areas of the three main components of each course (field training, classroom instruction, and examinations) with recommendations for reform. After noting a general dissatisfaction with the quality of trainees the Tax Department attracts, the report suggests two main avenues for improvement. One avenue is establishing working conditions that attract and keep high-quality individuals. The other …


On Understanding Chinese Law And Legal Institutions, Stanley B. Lubman Jan 1976

On Understanding Chinese Law And Legal Institutions, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Our unfamiliarity with Chinese legal institutions and policies toward law causes misunderstanding of the role of law in the People's Republic of China. The present unimportance of the formal legal system has deep historical reasons. As China's economy becomes more complex, regularity should increase, although it will remain controversial. In commercial contracts with the West, custom performs the role of law.


Covert Intervention And International Law, A. A. Fatouros Jan 1976

Covert Intervention And International Law, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Book Review. International Development Banks By John Syz, Henry J. Richardson Iii Jan 1976

Book Review. International Development Banks By John Syz, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.


International Law In The New Greek Constitution, A. A. Fatouros Jan 1976

International Law In The New Greek Constitution, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


The Turkish Aid Ban: Review And Assessment, A. A. Fatouros Jan 1976

The Turkish Aid Ban: Review And Assessment, A. A. Fatouros

Articles by Maurer Faculty

In this article, A.A. Fatouros places the U.S. aid-embargo to Turkey in the context of jurisdiction (executive vs. legislative powers) rather than in the context of ideological differences between the two camps. If, as the writer claims, the final concessions to the executive branch by Congress had been predictable, could we conclude that the executive branch is on the road to recovery? And if that is the case, is the Congressional ratification of the recent agreement between Kissinger and Turkey a foregone conclusion? There is of course such a possibility. To avert it, the opponents of the aid and the …


The Value Of Comparative Constitutional Law, Donald P. Kommers Jan 1976

The Value Of Comparative Constitutional Law, Donald P. Kommers

Journal Articles

The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.


Co-Operative Societies, In The Law Of Business Organizations In East And Central Africa, Peter Winship Jan 1976

Co-Operative Societies, In The Law Of Business Organizations In East And Central Africa, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.


Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1976

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


Nonmilitary Strategies And Competition For Power: The Need For Expanded Regulation Of Coercion, Walter L. Williams Jr. Jan 1976

Nonmilitary Strategies And Competition For Power: The Need For Expanded Regulation Of Coercion, Walter L. Williams Jr.

Faculty Publications

No abstract provided.


The Politics Of Lawmaking: Problems In International Maritime Regulation: Innocent Passage V. Free Transit, George P. Smith Ii Jan 1976

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 …


An Introduction The Legal System In East Africa (Advertisement) Jan 1975

An Introduction The Legal System In East Africa (Advertisement)

William Harvey (1966-1971)

No abstract provided.


Colloquium On Certain Legal Aspects Of Inter-American Cooperation, A. A. Fatouros Jan 1975

Colloquium On Certain Legal Aspects Of Inter-American Cooperation, A. A. Fatouros

Articles by Maurer Faculty

On the occasion of the 1974 session of the General Assembly of the Organization of American States held in Atlanta, Georgia, it appeared appropriate to organize a colloquium at which concerned jurists from the various parts of the Americas could exchange viewpoints on subjects of immediate and urgent concern. The Colloquium was held on April 20, 1974, at the University of Georgia Law School and was presented in cooperation with the Georgia Society of International Law and the American Society of International Law.


The Legal Process In Foreign Affairs: Military Intervention -- A Testing Case, Thomas Ehrlich Jan 1975

The Legal Process In Foreign Affairs: Military Intervention -- A Testing Case, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.


Foreign Lawyers In France And New York, Sydney M. Cone Iii. Jan 1975

Foreign Lawyers In France And New York, Sydney M. Cone Iii.

Articles & Chapters

Three years ago France adopted rules to regulate the practice of foreign

lawyers, and last year New York State adopted rules for the licensing of legal

consultants from foreign countries. The following discussion examines and

compares certain features of these new rules.


Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond Jan 1975

Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond

Faculty Articles

This article asserts that Captain David Graham, writing in this issue of the Washington and Lee Law Review, savages amended Article 1 of draft Protocol I to the 1949 Geneva Conventions. Specifically, he attacks the Article on the following grounds: (1) it is politically motivated by third-worlders determined to remake international law according to their own preferences; (2) it is poorly drafted and therefore cannot be implemented effectively; and (3) it would legitimize wars of national liberation and lead to discriminatory treatment of combatants. These are serious charges, raised by a serious scholar, whose closeness to the subject and to …


Development Of The Rio Grande Compact, Raymond A. Hill Apr 1974

Development Of The Rio Grande Compact, Raymond A. Hill

Publications

Thirty-six years have elapsed since the Rio Grande Compact of 1938, N.M.S.A. Section 75-34-3 (Repl. 1968), was entered into by Colorado, New Mexico, and Texas, and approved by the United States of America. Administration of the Compact since then has been the responsibility of many different persons, few of whom had personal knowledge of the circumstances of the negotiation of this Compact. Consequently, there has been a growing tendency towards interpretation of some of the provisions of the Rio Grande Compact in a manner contrary to the intent of those who participated in its negotiation.

Mr. Hill has intimately connected …


Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr. Mar 1974

Economic Pressure And Antitrust (With James A. Wilkinson), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Controversial Subjects Of Contemporary International Law, Christian N. Okeke Jan 1974

Controversial Subjects Of Contemporary International Law, Christian N. Okeke

Publications

An examination of the new entities of international law and their treaty-making capacity.


Oil And Asian Rivals: Sino-Soviet Conflict; Japan And The Oil Crisis, Hungdah Chiu Jan 1974

Oil And Asian Rivals: Sino-Soviet Conflict; Japan And The Oil Crisis, Hungdah Chiu

Congressional Testimony

Hearings before the Subcommittee on Asian and Pacific Affairs of the Committee on Foreign Affairs, House of Representatives. 93rd Congress, 1st and 2nd Sessions. 1974.


The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi Jan 1974

The Peaceful Settlement Of International Disputes Within The United Nations System, Giovanni Acerbi

LLM Theses and Essays

The purpose of this thesis will be, after having examined generally the principles which regulate the settlement of international disputes under international law, to understand the function that the United Nations has in the settlement of disputes and, particularly, to see the role played by the General Assembly and the Security Council in preserving peace and security, including the pacific settlement of disputes. In order to do that, we cannot avoid, of course, investigating and clarifying the purposes of the United Nations as an organ of conciliation. Then we will examine the United Nations structure, particularly the General Assembly, the …


Book Review. Economic Development, Peace And International Law By Wil D. Verwey, A. A. Fatouros Jan 1974

Book Review. Economic Development, Peace And International Law By Wil D. Verwey, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.


Reflections On Education In International Law In Africa, Henry J. Richardson Iii Jan 1974

Reflections On Education In International Law In Africa, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.


Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth Jan 1974

Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman Jan 1974

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …


Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson Jan 1974

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.


Toward An International Standard Of Environment, George P. Smith Ii Jan 1974

Toward An International Standard Of Environment, George P. Smith Ii

Scholarly Articles

No abstract provided.


Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel Jan 1974

Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel

Articles & Book Chapters

No abstract provided.