Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (256)
- Human Rights Law (120)
- International Trade Law (91)
- Transnational Law (79)
- Organizations Law (73)
-
- Military, War, and Peace (51)
- Immigration Law (47)
- Courts (42)
- European Law (38)
- Comparative and Foreign Law (37)
- Environmental Law (32)
- National Security Law (32)
- Criminal Law (27)
- Legislation (26)
- Science and Technology Law (22)
- Law and Gender (21)
- Public Law and Legal Theory (21)
- Constitutional Law (20)
- International Humanitarian Law (20)
- Intellectual Property Law (19)
- Dispute Resolution and Arbitration (18)
- Rule of Law (18)
- Legal History (15)
- Air and Space Law (13)
- Communications Law (13)
- Law of the Sea (13)
- Jurisdiction (12)
- Taxation-Transnational (11)
- Natural Resources Law (10)
- Publication Year
- Publication
-
- Michigan Journal of International Law (311)
- Articles (60)
- Michigan Law Review (58)
- Book Chapters (11)
- University of Michigan Journal of Law Reform (11)
-
- Michigan Journal of Environmental & Administrative Law (7)
- Michigan Journal of Race and Law (4)
- Michigan Law Review First Impressions (4)
- Michigan Journal of Gender & Law (3)
- Michigan Telecommunications & Technology Law Review (3)
- Law Librarian Scholarship (2)
- Other Publications (2)
- Michigan Law Review Online (1)
- Reviews (1)
- SJD Dissertations (1)
- Publication Type
Articles 391 - 420 of 479
Full-Text Articles in Law
Treaties In A Constitutional Democracy, Louis Henkin
Treaties In A Constitutional Democracy, Louis Henkin
Michigan Journal of International Law
This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.
The High Seas And The International Seabed Area, Bernard H. Oxman
The High Seas And The International Seabed Area, Bernard H. Oxman
Michigan Journal of International Law
This article is set out in three parts. The first section briefly describes the geographic scope of the sea. The second section analyzes the geographic scope of the high seas. The last section presents six agreed legal principles relevant to the seabed debate which – contrary to the tone of much of the debate - constitute a substantial and growing consensus on the elements of the legal regime of the seabed beyond coastal state jurisdiction. The article concludes by suggesting that more is agreed in this area than is often acknowledged, and that the broader debate would be aided by …
New Sea Boundaries In A Swedish Perspective, Hugo Tiberg
New Sea Boundaries In A Swedish Perspective, Hugo Tiberg
Michigan Journal of International Law
Sweden's experiences in applying the principles of the new international law of sea boundaries have more than local interest. Zonebound on all sides and thus never able to determine unilaterally the limits of her newly declared zones, the country has been forced to maneuver in a tight geographical and political situation against smaller brothers on three sides and a dominant eastern neighbor. It has been a tricky game in the borderland between legal principles and pragmatism, where trump cards have been islands of "sufficient" size, and where points have been scored through moderation rather than by overstraining the rules of …
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Michigan Journal of International Law
This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …
Normative Surrender, Jerome B. Elkind
Normative Surrender, Jerome B. Elkind
Michigan Journal of International Law
It is submitted, at the risk of being accused of idealism, that those who most conspicuously don the mantle of realism are also guilty of normative sloppiness, a form of sloppiness which deserves the name "normative surrender" because it concedes large areas of the law to the will and whim of States. This article will examine the phenomenon of normative surrender and provide some examples of it.
A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall
A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall
Michigan Law Review
This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …
Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat
Outer Space: New Challenges To Law And Policy, Timothy J. Chorvat
Michigan Law Review
A Review of Outer Space: New Challenges to Law and Policy by J.E.S. Fawcett
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
Michigan Law Review
A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart
The Making Of International Agreements: Congress Confronts The Executive, Michigan Law Review
The Making Of International Agreements: Congress Confronts The Executive, Michigan Law Review
Michigan Law Review
A Review of The Making of International Agreements: Congress Confronts the Executive by Loch K. Johnson
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns
Michigan Journal of International Law
This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.
Appendix 1: Treaties Of Friendship, Commerce And Navigation And Their Treatment Of Service Industries, Emily A. Arikaki
Appendix 1: Treaties Of Friendship, Commerce And Navigation And Their Treatment Of Service Industries, Emily A. Arikaki
Michigan Journal of International Law
The following excerpt is from a 1981 article reviewing the development and current status of friendship, commerce and navigation (FCN) treaties and their treatment of the service industries. The article itself is based on the author's survey of the FCN treaties in force between the United States and other nations as of 1981. In December 1985, the author updated the excerpt to reflect the effect on services of the recent, FCN-type program of bilateral investment treaties.-eds.
European Integration Through Fundamental Rights, Jochen Abr. Frowein
European Integration Through Fundamental Rights, Jochen Abr. Frowein
University of Michigan Journal of Law Reform
The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
The European Community And The Requirement Of A Republican Form Of Government, Jochen Abr. Frowein
Michigan Law Review
The European Community - that is, the factual entity composed of three legally separate communities which has been and still is one of the basic concerns of Eric Stein - cannot be understood without taking into account European history after 1933. As an irony of history, the stage for a new beginning was set by the man who destroyed the old Europe and who was the reason that so many academics left the "old country" for the new world. This new start was not only influenced by the determination of those Europeans who had lived through the darkness to overcome …
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Civil Enforcement Of Eec Antitrust Law, Francis G. Jacobs
Michigan Law Review
This paper examines whether and to what extent private civil remedies are, as a matter of law, and ought to be, as a matter of policy, available in the courts of the EEC Member States for breach of the antitrust provisions of the Treaty establishing the European Economic Community (the Treaty of Rome). These questions are addressed in Part I. Part II sets the issues in the broader context of the enforcement of the Treaty obligations of Member States. In this way, it is hoped to elucidate the relationship between national law and Community law, and also indirectly to illuminate …
Effects Of International Agreements In European Community Law: Are The Dice Cast?, Jacques H.J. Bourgeois
Effects Of International Agreements In European Community Law: Are The Dice Cast?, Jacques H.J. Bourgeois
Michigan Law Review
The purpose of this contribution is to explore the extent to which the "direct effect" doctrine, developed within the Community legal system for the purpose of the relations between Community law and the Member States' law, has spilled over into the field of the relations between international law and Community law, or, to use a somewhat daring comparison, to what extent the doctrine of McCulloch v. Maryland has been applied in a Foster and Elam situation.
Direct And Indirect Judicial Control Of Community Acts In Practice: The Relation Between Articles 173 And 177 Of The Eec Treaty, Gerhard Bebr
Michigan Law Review
The European Economic Community (EEC) Treaty contains two different judicial controls over the exercise of the powers granted to the Community by the Treaty: (1) a direct control through an action in the European Court of Justice under article 173 to annul a Community act; and (2) an indirect control through reference by a national court to the Court of Justice under article 177 to review the validity of a Community act. Each of . these controls is designed to ensure the legal exercise of power by Community institutions. In form, however, they are quite different procedures.
The present study …
The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker
The Applicability Of The Ecsc-Cartel Prohibition (Article 65) During A "Manifest Crisis", Ernst-Joachim Mestmäcker
Michigan Law Review
The Commission and the Council have found that the steel industry of the Community is facing a "manifest crisis" within the meaning of article 58 of the European Coal and Steel Community (ECSC) Treaty. Factors that have led to this crisis include structural peculiarities of the steel industry, an increase in production costs, a decrease in demand for steel and steel products, and the resulting excess capacity in steel mills. A majority of the Member States have attempted to protect their national steel industries from the economically mandated cutback in production capacity through substantial subsidization. International competition has thus degenerated, …
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
How Flexible Is Community Law? An Unusual Approach To The Concept Of "Two Speeds", Claus-Dieter Ehlermann
Michigan Law Review
The concept of "two speeds" de lege ferenda and the connected question of possible flexibility in Community law de lege lata raise a number of highly complex institutional questions that go to the very roots of the Community system. We offer the following analysis of such questions to Eric Stein, whose writing and teaching have contributed so greatly to the understanding of the Community's foundations.
The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt
The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt
University of Michigan Journal of Law Reform
This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …
More On European Community Law, Trevor Hartley
More On European Community Law, Trevor Hartley
Michigan Law Review
A Review of Yearbook of European Law 1981 by F.G. Jacobs
Prior Consultation In International Law: A Study Of State Practice, Michigan Law Review
Prior Consultation In International Law: A Study Of State Practice, Michigan Law Review
Michigan Law Review
A Review of Prior Consultation in International Law: A Study of State Practice by Frederic L. Kirgis, Jr.
Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut
Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut
Michigan Journal of International Law
The establishment of the ESC gave Europe the necessary impetus to start applications programs. In 1968, the third ESC ministerial meeting at Bad Godesberg, Federal Republic of Germany, unequivocally assigned space applications to ESRO, created the Committee of Senior Officials as an advisory board, and allocated a small budget for studies on application satellites. The Committee of Senior Officials set up a working group specifically to study possible European involvement in communication satellite programs. This working group consisted not only of representatives of the ESC and the space organizations ELDO and ESRO but also of the potential users of the …
Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove
Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove
Michigan Journal of International Law
The remarkable scientific and technological developments of the past three decades have resulted in the increasing use of the "geostationary orbit.” Advances in the technology of broadcasting, meteorological reconnaissance, tracking and data relay from orbital satellites, for example, have greatly enlarged its importance. The growing number of geostationary satellites and the anticipated increases in their use have evoked widespread concerns among many less-developed countries (LDCs) about the early preemption of available orbital positions by more developed nations. Attention has focused on the question of the maximum number of satellites that can be accommodated in the orbit. Although estimates have varied …
The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt
The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt
Michigan Journal of International Law
Communication satellites in geostationary orbit have the marvelous ability to permit information exchange across very large distances. These satellites can accomplish this feat because they are high enough above the earth's surface to be in the "line-of-sight" of microwave transmitters and receivers many thousands of miles apart. Although communication satellites were first used to relay information between continents, by the end of the 1970s they were being used increasingly to transmit information within large countries. This more recent usage, known as "domestic satellite service," is an attractive substitute for lengthy terrestrial microwave or cable networks.
The Political Economy Of Orbit Spectrum Leasing, Harvey Levin
The Political Economy Of Orbit Spectrum Leasing, Harvey Levin
Michigan Journal of International Law
This article will propose several plans for allocating a common resource of the earth-the international orbit spectrum--among nations through mechanisms designed to introduce market incentives. The rights to orbital "parking places" are so defined as to permit their subdivision, recombination, and assignment in lease markets. The lease market approach accommodates the interests of both developed countries (DCs), who have the technology and domestic demand to establish satellite systems today, and less-developed countries (LDCs), who seek long-range planning to guarantee them access to the orbit spectrum at a time in the future when they, too, possess the capability and need. In …
Some Conflicting Trends In Satellite Telecommunications, David M. Leive
Some Conflicting Trends In Satellite Telecommunications, David M. Leive
Michigan Journal of International Law
Two broad trends are evident today in international satellite telecommunications. The first is a trend towards greater international regulation of the natural resources involved, the radio frequency spectrum and the geostationary satellite orbit. The second is a trend towards international and regional groupings in the provision of communications services among countries. Other articles in this volume discuss various aspects of one or the other of these trends, such as the 1985/1988 Space WARC, and regional satellite developments in Europe. Consequently, no attempt is made here to analyze the two trends fully. The principal point of this paper is to analyze …
Eutelsat: Europe's Satellite Telecommunications, Simone Courteix
Eutelsat: Europe's Satellite Telecommunications, Simone Courteix
Michigan Journal of International Law
In the 1950s long distance telephone communication by wire or Herz circuit was extremely limited and usually very expensive. In 1956, the installation of the first transatlantic telephone cable, TAT 1, signaled the beginning of the present era in intercontinental telecommunications. However, it soon became apparent that underwater cables would not meet the ever-increasing demand for communications created by expanding global economic activity. At the same time, radio communications also experienced growing demand, and suffered from overcrowded frequencies. It was therefore natural that the first application of telecommunications technology in space focused on the improvement of intercontinental circuits.
Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius
Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius
Michigan Journal of International Law
This article is a progress report, written at the beginning of 1983. It is about the unfolding of a new communications medium, satellite broadcasting, in Europe. It is very probable that by the time of publication, many new developments will have taken place. However, this analysis may still be helpful later on to allow those responsible for the development and use of this powerful new channel of communication to know what the expectations and apprehensions were in 1983. Feedback from history is indispensable to builders of the future, provided that someone is willing to commit to paper a record of …
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Michigan Journal of International Law
Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …
Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor
Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor
Michigan Journal of International Law
In this article certain problems surrounding Satellite remote sensing (SRS) will be addressed with particular emphasis on their legal implications. Aspects of air law as they affect remote sensing will not be discussed in any detail, nor will it be necessary to refer to the vexing problem of determining the satisfactory boundary between the airspace and outer space. This fundamental problem is still in dispute and under constant review, both in scholarly circles and in the United Nations; and the world community may consider itself fortunate that the issue has not prevented a number of important international agreements on space …