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Treaties

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Articles 361 - 390 of 479

Full-Text Articles in Law

Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen Jan 1991

Article 235 Of The Treaty Establishing The European Economic Community: Potential Conflicts Between The Dynamics Of Lawmaking In The Community And National Constitutional Principles, Franziska Tschofen

Michigan Journal of International Law

The purpose of this essay is to analyze the extent to which the present interpretation and application of article 235 of the Treaty appears to be incompatible with basic national constitutional safeguards such as the principles of democracy, the "Rule of Law," sovereignty and federalism and to discuss ways to reconcile potential incompatibilities. To this end, Part I will explore the scope of the authority of EEC organs under article 235 as delimited by the European Court of Justice and legal scholars. Part II will analyze potential conflicts between Community powers exercised pursuant to article 235 of the Treaty and …

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Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn Jan 1991

Vital Interests And The Law Of Gatt: An Analysis Of Gatt's Security Exception, Michael J. Hahn

Michigan Journal of International Law

This article will ask to what extent article XXI allows Contracting Parties to escape obligations of GATT and to what extent it should.

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Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan Jan 1991

Strategy And Compliance With Bilateral Trade Dispute Settlement Agreements: Ustr's Section 301 Experience In The Pacific Basin, Michael P. Ryan

Michigan Journal of International Law

The paper is laid out in five parts. First, the conceptual linkages among strategy, goals, and agreement compliance are developed. Second, the study research design and findings are reported. Third, the strategy of trade dispute settlement negotiation is discussed with regard to bureaucratic politics. Fourth, case evidence that illustrates the key study findings is reviewed. Finally, effective monitoring and the notion of unilateral surveillance within the context of the present GATT-based, multilateral trading system are explored.

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Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo Jan 1991

Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo

Michigan Journal of International Law

In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.

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The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová Jan 1991

The Czechoslovak Approach To The Draft Convention On Jurisdictional Immunitites Of States And Their Property, Vladimir Balaš, Monika Pauknerová

Michigan Journal of International Law

This article deals with four issues: (1) The effort of the International Law Commission of the United Nations to codify jurisdictional immunity. (2) The theoretical and practical Czechoslovak approach toward the institution of jurisdictional immunity of States and the Draft Convention, and a prediction of possible change of the Czechoslovak view. (3) The changing views of East European scholars. (4) An analysis of particular provisions of the Draft Convention with respect to their acceptability by States with different socioeconomic systems and especially by Czechoslovakia.

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Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark Jan 1991

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

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Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron Jan 1991

Developing A Standard For Politically Related State Economic Action, Clinton E. Cameron

Michigan Journal of International Law

This Note will give an analysis of the scholarship that has appeared in this field, as well as the actual practice of States, to determine if any fixed rules have been established in this area, and if so, what they are. It will do so by looking at the debates that have taken place concerning the application of the language and underlying principles of the U.N. Charter in order to see if these norms of State action prohibit economic diplomacy. The Note will then look to the actual practice of States to determine whether it provides adequate evidence of opinion …

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The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska Jan 1990

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.

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Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas Jan 1990

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.

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Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone Jan 1990

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 …

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Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick Jan 1990

Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick

Michigan Journal of International Law

Transcript of a panel on Europe in 1992.

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Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg Jan 1990

Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg

Michigan Journal of International Law

Since the mid-1950s, the economies of Korea and Taiwan have achieved remarkable results, with annual growth rates of ten percent not unusual in some years. During the past couple of decades, they have relied heavily on export trade, particularly with the United States, to maintain rapid growth rates and continued economic development. In 1988, for example, Korea and Taiwan enjoyed a combined trade surplus with the United States of $21.6 billion on total trade of $68.4 billion.

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The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer Jan 1990

The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer

Michigan Journal of International Law

This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.

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The Role Of The Court Of Justice In The Implementation Of The Single European Act, Michel Waelbroeck Jan 1990

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.

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Natural Gas In The European Internal Market: A Comparative Analysis Of Common Carriage And Price Transparency, Ernst-Joachim Mestmäcker Jan 1990

Natural Gas In The European Internal Market: A Comparative Analysis Of Common Carriage And Price Transparency, Ernst-Joachim Mestmäcker

Michigan Journal of International Law

After reviewing the general goals of a common energy policy, this paper provides a comprehensive comparative study analyzing the potential effects of common carriage and price transparency in the Community's natural gas market. Direct comparisons are made between market structures and regulatory policies in the United States, Great Britain, and the Federal Republic of Germany. After extensive analysis, the author concludes that the plans laid out by the Commission reveal conflicting objectives, require extensive new regulation, and are incompatible with the system of undistorted competition guaranteed by the EEC Treaty.

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A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni Jan 1990

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.

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Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms Jan 1990

Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms

Michigan Journal of International Law

The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …

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Constitutional Developments In The European Community And The Impact Of The Single European Market After 1992, F. G. Jacobs Jan 1990

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.

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Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick Jan 1990

Coherence And The European Court Of Human Rights: The Adjudicative Background To The Soering Case, Colin Warbrick

Michigan Journal of International Law

On January 1, 1990, the Eighth Protocol to the European Convention on Human Rights came into force. This Protocol makes some amendments to the structure and procedure set out in the Convention itself. The need for reform was created by the increasing workload of the institutions, which had reached such a level that the backlog of applications before the Commission would have continued to increase at a greater rate than the Commission's capacity to dispose of them. There are several reasons for this overwhelming burden. The acceptances by States of the right of individual application under article 25 have been …

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Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott Jan 1990

Gatt And The European Community: A Formula For Peaceful Coexistence, Frederick M. Abbott

Michigan Journal of International Law

This article addresses the relationship between the GATT, the European Community and other RTAs as and when trade in services and other "new areas" are incorporated into the GATT framework. The article first discusses the conceptual justifications for RTAs (as an alternative to utopian global free trade) in order to provide background for considering whether the privileges accorded RTAs under the existing GATT framework should be extended to new areas and, if so, how far. It is observed that "state of the art" tools of economic analysis do not provide adequate guidance as to the global welfare costs or benefits …

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Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers Jan 1989

Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers

Michigan Journal of International Law

This article is meant as a comment on some recent Dutch cases concerning the effect within the domestic law of the Netherlands of the prohibition of discrimination laid down in Article 7a(i) of the International Covenant on Economic, Social and Cultural Rights and of Article 26 of the International Covenant on Civil and Political Rights. The cases were decided by the Centrale Raad van Beroep, which is the Dutch supreme court in some fields of administrative law, such as the law on civil servants and several laws on social security. The cases are particularly interesting with respect to the …

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Reservations To Treaties, Richard W. Edwards Jr. Jan 1989

Reservations To Treaties, Richard W. Edwards Jr.

Michigan Journal of International Law

In the summer of 1961, Professor William W. Bishop, Jr., gave a series of lectures at the Hague Academy of International Law which were later published under the title "Reservations to Treaties." This work was the most extensive treatment given by Professor Bishop to a single subject. This article examines the development of the law regarding reservations to treaties subsequent to Professor Bishop's 1961 Hague lectures.

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"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick Jan 1989

"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick

Michigan Journal of International Law

The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the …

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What Does It Mean To Be An Internationalist?, Anthony D'Amato Jan 1989

What Does It Mean To Be An Internationalist?, Anthony D'Amato

Michigan Journal of International Law

A scholar of public international law, such as Professor Bishop, has a unique place among legal academicians. There is no other field of law where the writings of a respected scholar constitute an actual source of law. The Statute of the International Court of Justice, repeating an authoritative provision that applied to its predecessor court the Permanent Court of International Justice, lists as a subsidiary means for the determination of rules of international law "the teachings of the most highly qualified publicists of the various nations." The term "highly qualified publicists," of course, is synonymous with what the author has …

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The Implementation Of The Final Act Of Helsinki: The Creation Of New Structures Or The Involvement Of Existing Ones?, Pieter Van Dijk Jan 1989

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.

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Justice In The International System, Thomas M. Franck, Steven W. Hawkins Jan 1989

Justice In The International System, Thomas M. Franck, Steven W. Hawkins

Michigan Journal of International Law

"Justice," Rawls claims in A Theory of Justice," is the first virtue of social institutions…" The principles of justice of which Rawls speaks, however, except for a brief excursion, "apply only within the borders of a nation-state." Our purpose is to see whether justice is also the first virtue of the international system, the social institutions of the community of nations. More specifically, is justice the definitive virtue by which to judge international law? This article seeks to answer those questions by examining the concept of justice as developed by various theorists, culminating in the contemporary Rawlsian theory of …

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National Treatment Obligations And Non-Tariff Barriers, John H. Jackson Jan 1989

National Treatment Obligations And Non-Tariff Barriers, John H. Jackson

Michigan Journal of International Law

This article explores the national treatment obligation of GATT, explains some of its difficult applications, and analyzes how the obligation has been affected by some of the agreements completed in the Tokyo Round of negotiations (1973-1979).

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Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman Jan 1989

Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman

Michigan Journal of International Law

There is a rich body of law dealing with breach of treaty, its consequences and the procedural options it gives to the complying party. But violations of treaty obligations by a protecting state are procedurally different from violations between states in legal and political parity and negotiating at arm's length. The protected state or state under protectorate has, by definition, a restricted if not completely suspended competence to operate at the international level and hence is unable to protect its interests against violations by the erstwhile protector. Thus, it should be no surprise that international decision has suspended the operation …

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Law And Alternative Security, Burns H. Weston Jan 1989

Law And Alternative Security, Burns H. Weston

Michigan Journal of International Law

Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …

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Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms Jan 1989

Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms

Michigan Journal of International Law

Today, after a long silence, the Nordic States are again investigating the idea of establishing a Nordic nuclear-weapon-free zone. The renewed exchange of views is no doubt partly related to the continuing development of nuclear weapons and partly to the fear that even in circumstances where nuclear weapons would not be used against the Nordic States they present a threat to the region should major war break out. This fear was mentioned by Dr. Urho Kekkonen, the President of the Republic of Finland, in an address he delivered at the Swedish Institute of International Affairs in Stockholm on May 8, …

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