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Full-Text Articles in Law
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
Michigan Journal of International Law
Review of Singular Europe: Economy and Polity of the European Community After 1992 (William J. Adams ed.) and Decision-Making in the European Community: The Council Presidency and European Integration by Emil J. Kirchner
The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck
The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck
Michigan Journal of International Law
This paper will begin by evoking the judicial achievements obtained on the eve of the enactment of the Single European Act. Next, it will explain the innovations introduced by the Single European Act, and emphasize the divergent interpretations that they are likely to receive. Then, the author will modestly strive to express several personal suggestions for a solution, as an external observer.
Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs
Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs
Michigan Journal of International Law
The Single European Act, by its amendments to the Treaty establishing the European Economic Community, seeks to achieve by the end of 1992 an internal market comprising an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the treaty. To this end, a very substantial amount of new legislation is being enacted in the form of Council Regulations and Directives, currently estimated at some 279 separate measures, many of which will also need implementing legislation in the Member States.
The Implementation Of The Final Act Of Helsinki: The Creation Of New Structures Or The Involvement Of Existing Ones?, Pieter Van Dijk
The Implementation Of The Final Act Of Helsinki: The Creation Of New Structures Or The Involvement Of Existing Ones?, Pieter Van Dijk
Michigan Journal of International Law
First, this essay will give some basic information on the character of the Conference on Security and Co-operation in Europe as a process and on the legal nature of the Final Act of Helsinki. Second, it will discuss the follow-up mechanism and its institutional structures. Finally, the essay will evaluate the present situation and attempt to answer the question whether there is any need for the establishment of one or more new international organizations or other structures for the furtherance of the purposes which are (also) covered by the CSCE and its Final Act.
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
Michigan Journal of International Law
This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
International Cooperation In Penal Matters: The "Lockheed Agreements", Bruno A. Ristau
Michigan Journal of International Law
In February 1976, officials of the Lockheed Aircraft Corporation testified before a Senate committee that their company had paid $12.6 million in bribes, commissions and fees to Japanese businessmen and government officials to promote sales of Lockheed planes. News of these bribes rocked Japan's political establishment and governmental institutions. The Japanese Diet (parliament) passed a resolution urging that the United States government disclose to the Diet the names of the Japanese officials involved in these bribes. Prime Minister Takeo Mild sent a personal letter to President Ford requesting that the United States make available all information in its possession bearing …
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
International Exchange Of Information In Criminal Cases, Michael E. Tigar, Austin J. Doyle Jr.
Michigan Journal of International Law
This article describes some of the means by which police and prosecutors obtain information in international criminal matters. An exhaustive catalog is not presented; rather, examples of international cooperation and conflict are dwelled upon to illustrate the need for systematic development of international law principles governing the interpretation and application of treaties, and the enforcement in both the demanding and the rendering state of rules concerning information exchange. These rules and principles should honor expectations of privacy and confidentiality, make dear the obligations of foreign persons and entities, including financial institutions, and ensure mutual respect for the sovereign interests of …
The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance
The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance
Michigan Journal of International Law
International law does not recognize an individual right to be granted asylum. The emergence of a variant of such a right under the European Convention on Human Rights, albeit under limited conditions, therefore marks a major departure from customary law, a departure particularly noteworthy given that the parties to the Convention represent some of the most advanced legal systems in the world. The recognition of a right to asylum not only establishes a valuable precedent, but also has a direct impact on the status of refugees in Europe. Although no right of entry is provided, aliens already in countries of …
Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill
Entry And Exclusion Of Refugees: The Obligations Of States And The Protection Function Of The Office Of The United Nations High Commissioner For Refugees, Guy S. Goodwin-Gill
Michigan Journal of International Law
Refugee problems today tend to have one factor in common-the huge numbers of people involved. But whether it is a case of one or of a mass of individuals, each arriving asylum seeker represents a challenge to established principles of state sovereignty. International jurists once wrote of the free movement of persons between nations, unhampered by passport and visa control. Since the late nineteenth century, however, the principle most widely accepted has been that each state retains exclusive control- an absolute discretion- over the admission to its territory of foreign nationals, refugees or not. Although in practice many countries concede …
Appendix I, Michigan Journal Of International Law
Appendix I, Michigan Journal Of International Law
Michigan Journal of International Law
In this section: • Convention Relating to the Status of Refugees • Protocol Relating to the Status of Refugees • Statute of the Office of the United Nations High Commissioner for Refugees • OAU Convention Governing the Specific Aspects of Refugee Problems in Africa • A List of Other International Instruments Concerning Refugees
The Development Of Refugee Law, Paul Weis
The Development Of Refugee Law, Paul Weis
Michigan Journal of International Law
In customary international law, nationality provides the principal link between the individual and the law of nations. Refugees are commonly understood to be persons who have been compelled to leave their homes on account of natural catastrophes or because of political events; they may be inside or outside their country of origin. Refugees may be stateless or not; most present-day refugees are not stateless. Only international political refugees-persons who are outside their country of origin for political reasons-are discussed in this article, an overview of sources of refugee law, and a preface to the articles in this volume which take …
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Refugees And Refugee Law In A World In Transition, Atle Grahl-Madsen
Michigan Journal of International Law
In country after country a political polarization is growing, a movement away from the center-to the right and to the left. In states with a less than stable political structure, coups d'etat and strongmen are commonplace. International law is broken as a matter of convenience. The media are filled with news of interventions, aggressions, even warfare. Human rights are frequently trodden under foot. And we are faced with a rising wave of xenophobia.
International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty
International Human Rights Forums: A Means Of Recourse For Refugees, Amy Young-Anawaty
Michigan Journal of International Law
This article explores the possibility of using some of the other international agreements to secure the rights of asylum seekers. These treaties belong to the relatively new body of international law- human rights law- which gives broad protection to individuals everywhere regardless of status. In a significant development for international law, 12 institutions and procedures have been established internationally and regionally to monitor the enforcement of these human rights agreements. Several of these institutions, by virtue of treaty or statute, even possess the competence to hear complaints about states' violations of human rights. Insofar as the claims of refugees fall …