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Full-Text Articles in Law
Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen
Michigan Journal of International Law
The purpose of this essay is to analyze the extent to which the present interpretation and application of article 235 of the Treaty appears to be incompatible with basic national constitutional safeguards such as the principles of democracy, the "Rule of Law," sovereignty and federalism and to discuss ways to reconcile potential incompatibilities. To this end, Part I will explore the scope of the authority of EEC organs under article 235 as delimited by the European Court of Justice and legal scholars. Part II will analyze potential conflicts between Community powers exercised pursuant to article 235 of the Treaty and …
Civil Procedure Reform In Japan, Takeshi Kojima
Civil Procedure Reform In Japan, Takeshi Kojima
Michigan Journal of International Law
Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
The Italian Constitutional Court And The Relationship Between The Italian Legal System And The European Community, Mart Cartabia
Michigan Journal of International Law
This article will address how it has been possible that the same Court, interpreting the same Constitution and facing the same problems, has come to such contradictory conclusions, and will assess the impact of such conclusions on the institutional relationship between the EC and Italy.
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Michigan Journal of International Law
In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …
Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman
Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman
Michigan Journal of International Law
There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …