Law Commons^™

Direct And Indirect Judicial Control Of Community Acts In Practice: The Relation Between Articles 173 And 177 Of The Eec Treaty, Gerhard Bebr

Michigan Law Review

The European Economic Community (EEC) Treaty contains two different judicial controls over the exercise of the powers granted to the Community by the Treaty: (1) a direct control through an action in the European Court of Justice under article 173 to annul a Community act; and (2) an indirect control through reference by a national court to the Court of Justice under article 177 to review the validity of a Community act. Each of . these controls is designed to ensure the legal exercise of power by Community institutions. In form, however, they are quite different procedures.

The present study …

Effects Of International Agreements In European Community Law: Are The Dice Cast?, Jacques H.J. Bourgeois

Michigan Law Review

The purpose of this contribution is to explore the extent to which the "direct effect" doctrine, developed within the Community legal system for the purpose of the relations between Community law and the Member States' law, has spilled over into the field of the relations between international law and Community law, or, to use a somewhat daring comparison, to what extent the doctrine of McCulloch v. Maryland has been applied in a Foster and Elam situation.

League Of Nations And The Laws Of War, Ralph W. Aigler

Michigan Law Review

Everyone would agree that the renovation of international law presents a problem of commanding importance. Diversity of opinion is manifested, however, as soon as attention is directed to the details of the renovating process. Where to begin, what to emphasize, and how to go about it are questions which provoke a medley of discordant answers. Out of this medley a few paramount issues are beginning to emerge. One such issue concerns the so-called law of war. What shall be done about it? The World War revealed its lack of sanction, its confusion with self-interest, its chaotic uncertainty. Can it really …

League Of Nations And The Constitution, J M. Matthews

Michigan Law Review

The Covenant for a League of Nations has justly aroused an immense amount of discussion in this country, since it undoubtedly presents to the American nation the most important of the many questions of foreign policy growing out of the Great War. Most of this discussion has dealt with the matter solely from the standpoint of policy or expediency, without noticing the interesting constitutional questions involved. When the Covenant has, on occasion, been considered from the constitutional point of view, such corsideration has generally been merely incidental and the writer's or speaker's views as to the desirability of subscribing to …