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Articles 1 - 30 of 31
Full-Text Articles in Law
The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff
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.
Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray
Intellectual Property And The External Power Of The European Community: The New Extension, A. David Demiray
Michigan Journal of International Law
"[T]heory is somewhat lagging behind the facts and developing only in reaction to these facts," argues C.W.A. Timmermans regarding the European Community's (the EC or the Community) legal basis for extending its external power. The Community tends to extend its external competence before having a clear authority for doing so and only later provides a post hoc rationale. This observation suggests that the justification, not the propriety, of a newly acquired external competence is the question. Nowhere is this modus operandi better illustrated, or more sorely tested, than by the Community's growing involvement with and pursuit of international intellectual property …
Irreconcilable Differences? Divorcing Regugee Protections From Human Rights Norms, Karen Musalo
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 and …
A Practitioner's Guide To The Maastricht Treaty, Michael H. Abbey, Nicholas Bromfield
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.
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
As-Salāmu `Alaykum? Humanitarian Law In Islamic Jurisprudence, Karima Bennoune
Michigan Journal of International Law
This Note examines Islamic legal doctrine in the field of humanitarian law and considers the historical contributions made by Islamic law to contemporary international humanitarian law. The goal of this Note is neither to unfairly attack nor to apologize for Islamic law, but rather to attempt an honest appraisal of Islamic humanitarian precepts, with an awareness of the way in which Islam has often been stereotyped as hostile and bloodthirsty in Western discourse. The intent is two-fold: First, to establish that scholars of modern international humanitarian law have often ignored its historical roots in Islamic law and second, to examine …
Universal Versus Islamic Human Rights: A Clash Of Cultures Or A Clash With A Construct?, Ann Elizabeth Mayer
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
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 of domestic law.
The Effect Of The Statist-Political Approach To International Jurisdiction Of The Income Tax Regime- The Israeli Case, David Gliksberg
The Effect Of The Statist-Political Approach To International Jurisdiction Of The Income Tax Regime- The Israeli Case, David Gliksberg
Michigan Journal of International Law
This article proceeds from the general to the particular, by first presenting the principles of international jurisdiction of the international taxation regime and their connection with statist thinking, and then examining the rules of international jurisdiction of income taxation in Israel and the influence of the statist conception in Israel on the formation of those rules.
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif
Michigan Journal of International Law
Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
The Role Of Law In The Soviet System: Looking Back And Moving Forward, Sarah J. Reynolds
Michigan Journal of International Law
Review of Russian Law: The End of the Soviet System and the Role of Law by F.J.M. Feldbrugge
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
The United States And The World Bank: Constructive Reformer Or Fly In The Functional Ointment?, David A. Wirth
Michigan Journal of International Law
Review of The United States and the Politicization of the World Bank: Issues of International Law and Policy by Bartram S. Brown
Perspectives On The Gulf War, Majid Khadduri
Perspectives On The Gulf War, Majid Khadduri
Michigan Journal of International Law
Review of Crisis in the Gulf: Enforcing the Rule of Law by John Norton Moore, and The Gulf Conflict, 1990-1991: Diplomacy and War in the New World Order by Lawrence Freedman and Efraim Karsh
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Choosing Law With An Eye On The Prize, Russell J. Weintraub
Michigan Journal of International Law
Review of Choice of Law and Multistate Justice by Friedrich K. Juenger
Incentives For Peace And Profits: Federal Legislation To Encourage U.S. Enterprises To Invest In Arab-Israeli Joint Ventures, Daniel Lubetzky
Incentives For Peace And Profits: Federal Legislation To Encourage U.S. Enterprises To Invest In Arab-Israeli Joint Ventures, Daniel Lubetzky
Michigan Journal of International Law
This article proposes a set of provisions that would encourage U.S. companies and entities to invest in joint ventures with Israeli and Arab partners in the Middle East. The immediate effect of these provisions would be to revive and fortify the economies of that region. The long-term objectives behind the enactment of such incentives would be threefold: (1) to improve the prospects for peace and stability in the Middle East; (2) to enhance the strategic and political standing of the United States in the Middle East; and (3) to increase the long-term international competitiveness of U.S. businesses.
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Problems And Prospects For The Kurdish Struggle For Self-Determination After The End Of The Gulf And Cold Wars, Richard Falk
Michigan Journal of International Law
At a dinner in Istanbul with Kurdish journalists and academicians in early 1992, a young sociologist told the author that he had just finished a survey of Kurdish attitudes toward different solutions to the Kurdish problem. His principal finding was that Kurds living in the Middle East were generally in favor of modest solutions within the boundaries of existing States, while Kurds living in exile were overwhelmingly in support of the establishment of a single sovereign State, to be called Kurdistan, that would provide a homeland for all Kurdish people. Whether or not the study would satisfy social science standards …
United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon
United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon
Michigan Journal of International Law
Part I of this article will examine the concept of domestic jurisdiction. One of the principal purposes of the United Nations is the maintenance of international peace and security, which in 1946 was thought to essentially entail maintaining the peace between nation States. Internal power struggles and conflicts were thought to be within the jurisdiction of the State where they took place, unless they posed a rather substantial "threat" to the peace. Thus, the drafters of the U.N. Charter made sharp distinctions between internal and international conflicts. For instance, the Charter generally proscribes international, but not domestic, conflict, and the …
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Tying A Slipknot: Temporary Marriages In Iran, Tamilla F. Ghodsi
Michigan Journal of International Law
The purpose of this Note is to analyze the institution of mut'a critically, but objectively. It is important to first understand that it is possible to learn something from this institution. The sanctioning of temporary marriages illustrates the pervasive role of law as a method of social control, a characteristic which has parallels in the West. Furthermore, the institution may be challenged on its merits. For example, this Note intends to illustrate how the lack of formalism and the presence of great ambiguity in the institution have contributed to its lack of acceptance in Iranian society. The institution's deficiencies demonstrate …
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Positivism Regained, Nihilism Postponed, Jose E. Alvarez
Michigan Journal of International Law
Review of Law-Making in the International Community by G.M. Danilenko
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter
Michigan Journal of International Law
Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore
Forshadowing Future Changes: Implications Of The Aids Pandemic For International Law And Policy Of Public Health, Ilise Levy Feitshans
Forshadowing Future Changes: Implications Of The Aids Pandemic For International Law And Policy Of Public Health, Ilise Levy Feitshans
Michigan Journal of International Law
Review of AIDS in the Industrialized Democracies: Passions, Politics and Policies (Ronald Bayer & David L. Kirp eds.) and The Social Impact of AIDS in the United States (Albert R. Jonsen & Jeff Stryker eds.)
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Setting A New Agenda For U.N. Human Rights Activities, Hurst Hannum
Michigan Journal of International Law
Review of The United Nations and Human Rights: A Critical Appraisal (Philip Alston ed.)
Promises To Keep And Miles To Go: A Look At Europe Poised Between Two Treaties, Willajeanne F. Mclean
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
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Extremist Threats To Fragile Democracies: A Proposal For An East European Marshall Plan, Victor Williams
Michigan Journal of International Law
Review of Black Hundred: The Rise of the Extreme Right in Russia by Walter Laquer, and Free to Hate: The Rise of the Extreme Right in Russia by Paul Hockenos
Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman
Michigan Journal of International Law
By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
The Feasibility Of Debt-Equity Swaps In Russia, Thomas M. Reiter
Michigan Journal of International Law
This Note examines the origins, development, and mechanics of debt-equity swap programs in Latin America before discussing the various goals and policy considerations involved in formulating debt-equity swap programs. Next, the Note describes Russia's debt situation and sketches the outlines of a debt-equity swap program that will reduce Russia's foreign debt while stimulating foreign direct investment.
Books Received, Michigan Journal Of International Law
Books Received, Michigan Journal Of International Law
Michigan Journal of International Law
List of books received by the Journal.
Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski
Competition And Antitrust Law In Central Europe: Poland, The Czech Republic, Slovakia, And Hungary, Carolyn Brezezinski
Michigan Journal of International Law
First, this article briefly introduces the antimonopoly laws and competition authorities created in the four post-communist Central European countries of Poland, the Czech Republic, Slovakia, and Hungary. Second, this article outlines the obligations and harmonization programs of the competition authorities under the Europe Agreements recently signed by each country. Third, this article assesses the role and importance of the antimonopoly laws and competition authorities in the post-socialist economic reforms currently underway. Fourth, this article describes proposals to amend the antimonopoly laws based on the initial period of their implementation. Finally, this article attempts to assess the post-reform role of both …
Institutional Misfits: The Gatt, The Icj & Trade-Environment Disputes, Jeffrey L. Dunoff
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 …
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Ec Customs Classification Rules: Should Ice Cream Melt?, Edwin A. Vermulst
Michigan Journal of International Law
This Article will demonstrate that these classification conflicts seldom have definitive solutions by examining European Community (EC or Community) classification rules in light of the international framework. This approach is justified because the EC's customs classification system, centered on the Combined Nomenclature (CN), is based on the most commonly used international system of classification, the Harmonized System (HS).
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
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) …