Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit May 1994

The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit

Michigan Law Review

A Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore


Are We Compatible?: Current European Community Law On The Compatibility Of Joint Ventures With The Common Market And Possibilities For Future Development, Alyssa A. Grikscheit Feb 1994

Are We Compatible?: Current European Community Law On The Compatibility Of Joint Ventures With The Common Market And Possibilities For Future Development, Alyssa A. Grikscheit

Michigan Law Review

The Commission and commentators note that the potential for reform in the procedural arena is quite great. The current literature discusses the difficulties would-be venturers have in determining if their proposed venture is concentrative or cooperative and the procedural differences between notifications under the two standards.

This Note argues, however, that the substantive differences between the two standards are even more problematic than the procedural ones. Reducing the substantive differences between the two compatibility standards, short of creating a single standard that is unresponsive to the tensions between concentrative and cooperative situations, will have a beneficial impact. Similar standards of ...


A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland Jan 1994

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland

Michigan Journal of International Law

This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) in ...


The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff Jan 1994

The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff

Michigan Journal of International Law

Considered in this article is the important question of whether the obligation to negotiate imposes an affirmative obligation on a state to seek actively negotiations with the other interested state or states before it can legally engage in certain activities, or whether the obligation to negotiate simply requires the state subject to the obligation to respond favorably when asked by the other state or states to enter into negotiations.


Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer Jan 1994

Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer

Michigan Journal of International Law

This article examines the recent trend proposing that Islam and Islamic culture mandate a distinctive approach to human rights. It offers critical assessments of selected civil and political rights in two recent products of this trend: (1) the 1990 Cairo Declaration on Human Rights in Islam, issued by the Organization of the Islamic Conference and endorsed by Iran and Saudi Arabia; and (2) the rights provisions in the Saudi Arabian Basic Law promulgated in 1992. These legislative initiatives will be examined in conjunction with constructs of an Islamic culture necessarily at odds with international human rights norms. These constructs have ...


Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley Jan 1994

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter ...


Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff Jan 1994

Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff

Michigan Journal of International Law

The central thesis of this article is that neither trade bodies, like the GATT or NAFTA, nor adjudicatory bodies, like the ICJ or the proposed International Court for the Environment, ought to resolve these issues. Instead, trade-environment conflicts should be heard before an institution that recognizes the interdependent nature of global economic and environmental issues and that has a mandate to advance both economic development and environmental protection. This body should have ready access to the scientific and technical expertise that would enable it to resolve trade-environment disputes knowledgeably. It should possess tools to encourage nations to comply with its ...


Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo Jan 1994

Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo

Michigan Journal of International Law

This article will discuss in greater detail the profound defects of the Court's Zacarias decision. Section I will discuss the interpretation of key provisions of the 1980 Refugee Act, and describe the case of Jairo Elias Zacarias. Section II will review the plain language and legislative intent of the Act, including the congressional purpose of conforming to the 1967 Protocol. Section III will consider issues of burden of proof, and will examine the substantive impact which Zacarias has had on refugee cases. Section IV will focus on religious persecution as a paradigm of the inadequacy of an intent-based requirement ...


Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean Jan 1994

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


A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield Jan 1994

A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield

Michigan Journal of International Law

Before undertaking a section by section summary of the Maastricht Treaty, this article will briefly discuss some of the highlights of the Treaty and the prospects for European Monetary Union.


The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells Jan 1994

The Worldwide Market For Sex: A Review Of International And Regional Legal Prohibitions Regarding Trafficking In Women, Susan Jeanne Toepfer, Bryan Stuart Wells

Michigan Journal of Gender & Law

This essay considers whether international treaty law is a useful weapon in the battle against the global sex trade. The introduction to this essay surveys the extent of global sex trafficking. Part I of this essay discusses the international legal conventions that address the issue of trafficking in women. Part II of this essay assesses the effectiveness of these international instruments and considers why they have failed to and the world sex trade. In Part III, this essay describes the European and Inter-American human rights systems, focusing upon substantive law in the regional systems that might be relevant to the ...