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Full-Text Articles in Law
The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland
The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland
Michigan Journal of International Law
This article is directed at two objectives. It will first provide, in Part I, an outline of the history of the Brussels Convention from its inception to the present day. It will examine the growth of the Convention from a vague undertaking of the six original Member States of the EC, through various treaties of accession and the 1988 Lugano Convention with the EFTA, and finally to the text currently in force. Part II will discuss the nature of the Convention and the philosophy behind it. The second purpose of this article is a more pragmatic one: to provide the …
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde
Michigan Journal of International Law
This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.
Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies
Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies
Michigan Journal of International Law
Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …
Translated Documents And Hague Service Convention Requirements, Christopher Cheng
Translated Documents And Hague Service Convention Requirements, Christopher Cheng
Michigan Journal of International Law
Part I of this Note discusses translation requirement permitted under the Hague Convention, the provisions of the Convention governing service abroad, and when translation requirements apply to service abroad. Part II addresses complications arising from U.S. courts' strict interpretation of the requirements and their failure to consult the laws of the addressee state. Part III suggests practical methods which courts and attorneys can implement to avoid these complications. In general, both U.S. courts and attorneys must defer to foreign legal standards when applying Article 5. Because courts sometimes fail to consult foreign law, they have read national translation requirements more …
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Michigan Journal of International Law
Review of the book edited by Martin Führ and Gerhard Roller.
Basic Documents Of International Environmental Law, Ludwik A. Teclaff
Basic Documents Of International Environmental Law, Ludwik A. Teclaff
Michigan Journal of International Law
Review of the book edited by Harald Hohmann.
Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii
Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii
Michigan Journal of International Law
Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.