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Articles 1 - 9 of 9
Full-Text Articles in Law
Customary International Law: Its Nature, Sources And Status As Law Of The United States, Jordan J. Paust
Customary International Law: Its Nature, Sources And Status As Law Of The United States, Jordan J. Paust
Michigan Journal of International Law
Customary international law is one of the primary components of law in the international legal process, a dynamic process profoundly interconnected with our own domestic legal processes for at least the last 250 years. In our history, customary international law has also been received as part of the "law of nations," a phrase used interchangeably by our courts with the phrase "international law" from the dawn of the United States. What, more particularly, has been the perceived nature of customary international law in the United States? Despite much theoretical discussion (usually without adequate attention to actual trends in judicial decision), …
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
Michigan Journal of International Law
A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Michigan Journal of International Law
Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Michigan Journal of International Law
Because the existing body of international environmental law has, in part, emerged on the basis of "soft" norms, it provides a good field for observing the general sociological and juridical phenomenon termed "soft" law. The 1972 Stockholm Declaration adopted by the UN Conference on the Human Environment, for example, constitutes the normative program for the world community 'in this field. Although, from a formal point of view, the Declaration is only a nonbinding resolution, many of its "principles," particularly Principle 21, have been relied upon by governments to justify their legal rights and duties. The subsequent State practice has been, …
Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone
Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone
Michigan Journal of International Law
Part I of this paper sets out a theory of interpretation (drawing on Stanley Fish's idea of interpretive communities) relevant to all interpretive techniques. In Part II, a conception of the purposes and conventions of treaty practice is offered with the aim of shedding light on the interpretive constraints structuring that enterprise. Part III identifies two interpretive communities associated with treaty practice (one narrow, the other broad) and describes their operation in the interpretive process. Special attention is paid to the government legal advisor, who plays a key role within the relevant interpretive communities. Part IV is a case study …
Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta
Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta
Michigan Journal of International Law
The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
Michigan Journal of International Law
"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.
"Normative Surrender" And The "Duty" To Appear Before The International Court Of Justice: A Reply, H. W.A. Thirlway
"Normative Surrender" And The "Duty" To Appear Before The International Court Of Justice: A Reply, H. W.A. Thirlway
Michigan Journal of International Law
A recent article in the Michigan Yearbook of International Legal Studies by Professor Jerome Elkind included a section, headed "Jurisdiction of the International Court of Justice," which was addressed to the question whether States have a legal duty to appear before the International Court of Justice when cited as respondents in cases instituted by unilateral application. This question was dealt with by the present writer at some length in a recent book, and since Professor Elkind, who has also published a book on the subject, reaches a different conclusion, and refers critically to the views the author has expressed, some …
Attributing Acts Of Omission To The State, Gordon A. Christenson
Attributing Acts Of Omission To The State, Gordon A. Christenson
Michigan Journal of International Law
Comprehensively expanded and revised from a paper presented before the American Society of International Law at its annual meeting in Washington, D. C., on March 29, 1990.