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Articles 1 - 16 of 16
Full-Text Articles in Law
The International Implications Of Tax Reform, Reuven Avi-Yonah
The International Implications Of Tax Reform, Reuven Avi-Yonah
Articles
This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.
International Law As A Process, Louis B. Sohn
International Law As A Process, Louis B. Sohn
Michigan Law Review
A Review of Problems and Process: International Law and How We Use It by Rosalyn Higgins
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann
Michigan Journal of International Law
The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.
The Concept Of Customary International Law, Daniel M. Bodansky
The Concept Of Customary International Law, Daniel M. Bodansky
Michigan Journal of International Law
Review of Custom in Present International Law by Karol Wolfke
Death Penalty, Henry G. Schermers
Death Penalty, Henry G. Schermers
Michigan Journal of International Law
Review of The Abolition of the eath Penalty in International Law by William A. Schabas
The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns
The International Convention To Combat Desertification: Drawing A Line In The Sand?, William C. Burns
Michigan Journal of International Law
The purpose of this article is to assess the potential efficacy of the Convention in the face of devastation of the world's dryland resources. In this pursuit, I will: 1) Outline the causes and implications of desertification; 2) Present a brief history of past efforts to battle desertification; 3) Discuss the contours and the Convention; and 4) Assess the prospects for the Convention to make a meaningful difference in the struggle to save the world's land.
The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
The Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Articles
The topic of this symposium is the influence that international law has had on domestic law of the United States. I believe that the story of the revision of Article 5 of the Uniform Commercial Code fits here, but some might dispute that. Although it is certainly fair to say that international practice-in a sense international law-was a powerful influence on the revision of Article 5 of the Uniform Commercial Code, that practice, and the way in which that influence was exerted were almost entirely sui generis to the letter of credit law, practice and history.
Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox
Self-Determination In The Post-Cold War Era: A New Internal Focus?, Gregory H. Fox
Michigan Journal of International Law
Review of International Monitoring of Plebiscites, Referenda and National Elections: Self-Determination and Transition to Democracy by Yves Beigbeder
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Michigan Journal of International Law
The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Warranties Against Infringement In The Sale Of Goods: A Comparison Of U.C.C. § 2-312(3) And Article 42 Of The U.N. Convention On Contracts For The International Sale Of Goods, Joseph J. Schwerha Iv
Michigan Journal of International Law
Gone are the days of simple sales contracts. Today's corporate lawyers must have not only a substantial understanding of basic commercial law, but also of the related intellectual property law. Because of the shrinking global economy, such knowledge must rise to an international level.
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Authors' Moral Rights In Non-European Nations: International Agreements, Economics, Mannu Bhandari, And The Dead Sea Scrolls, Jeffrey M. Dine
Michigan Journal of International Law
This note undertakes to examine authors' moral rights in non-European countries. Section I will provide a brief comparative description of moral rights. Section II will discuss the treatment of moral rights in the Berne convention and the TRIPS agreement. Section III will then examine moral rights law in India and Israel, and two important cases from these nations, Mannu Bhandari v. Kala Vikas Pictures from India, and Qimron v. Shanks, from Israel. Mannu Bhandari deals with an author's moral right in the film adaptation of her work, Qimron with the moral rights of a scholar in the reconstruction of one …
Grotius Nunc Pro Tunch, Alfred P. Rubin
Grotius Nunc Pro Tunch, Alfred P. Rubin
Michigan Journal of International Law
Review of A Normative Approach to War: Peace, War and Justice in Hugo Grotius (Yasuaki Onuma ed.)
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
Michigan Journal of International Law
Review of American Hegemony: Political Morality in a One-Superpower World by Lea Brilmayer
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Advancing The Law Of Weapons Control - Comparative Approaches To Strengthen Nuclear Non-Proliferation, David S. Gualtieri, Barry Kellman, Kenneth E. Apt, Edward A. Tanzman
Michigan Journal of International Law
This article analyzes in-depth the SAGSI recommendation that more effective safeguards draw upon "the elements (including the managed access provisions) contained in Part X of the Verification Annex to the Convention on the Prohibition of Chemical Weapons.” SAGSI found that the Chemical Weapons Convention (CWC) offers approaches for verification and investigation that may be adaptable to the NPT.
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
The Emptiness Of The Concept Of Jus Cogens, As Illustrated By The War In Bosnia-Herzegovina, A. Mark Weisburd
Michigan Journal of International Law
The aim of this article is neither to condemn departures from jus cogens nor to engage in verbal gymnastics designed to obfuscate the fact that the international community is treating or will treat "peremptory norms" as moralisms irrelevant in practical terms. Rather, this article seeks to show that the problem lies in the concept of jus cogens itself. More specifically, the article intends to make the case that the concept is intellectually indefensible - at best useless and at worst harmful in the practical conduct of international relations.
Custom, Power, And The Power Of Rules, Michael Byers
Custom, Power, And The Power Of Rules, Michael Byers
Michigan Journal of International Law
This article begins by explaining briefly the differing perspectives which these two general categories of scholars - those who study international law and those who study international relations - have of international society generally, and of law and power more specifically. This article exposes the fact that power is an important but largely unnoticed subject of much international legal discourse and also canvasses attempts by international relations scholars to incorporate law into their understandings of power.