Law Commons^™

Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago

Dalhousie Law Journal

On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …

Hague Conference Conventions And The United States: A European View, Cornelis D. Van Boeschoten

Law and Contemporary Problems

From a European perspective, international cooperation in litigation does not primarily require the safeguarding of governmental interests, but the equitable balancing of the interests of plaintiffs and defendants. A European view of the role of US procedures in Hague Conference conventions is presented.

Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Law and Contemporary Problems

Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.

The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker

Law and Contemporary Problems

The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.

Comments Of Professor Joan E. Donoghue’S Article, The Public Face Of Private International Law: Prospects For A Convention On Foreign State Immunity, Horace B. Robertson Jr.

Law and Contemporary Problems

Joan E. Donoghue's theories regarding the prospects for a convention on foreign state immunity within the Hague Conference are examined. The prospects for supporting efforts to negotiate an international convention on state immunity are small.

Recognition And Enforcement Of Foreign Judgments: A New Approach For The Hague Conference?, Arthur T. Von Mehren

Law and Contemporary Problems

The curent Hague jurisdiction and recognition project for the recognition and enforcement of foreign judgments is discussed, and the merits and demerits of various approaches to jurisdiction and recognition problems are considered.

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Law and Contemporary Problems

Although the US has been a member of the Hague Conference on Private International Law Since 1964, other members may doubt the US' willingness to abide by the international obligations it has incurred. The US' ambivalence regarding international commitments is examined.

Cooperation In International Procedural Conflicts: Prospects And Benefits, Takeshi Kojima

Law and Contemporary Problems

The need for international integration of civil procedure has been strongly felt all over the world, particularly in the countries of Asia, North America and Europe. The birth of an international treaty will be good news for all those involved in international civil disputes.

Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Joseph F. Weis Jr.

Law and Contemporary Problems

The Hague Convention has not solved all of the problems in transnational service of process. Much of the difficulty has centered on the US preference for service by mail, a method of minimal expense.

The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born

Law and Contemporary Problems

A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.

Remarks, Peter H. Pfund

Law and Contemporary Problems

The US proposal for the Hague Conference to prepare a recognition and enforcement convention is a proposal for multilateral negotiations by the member states of the Hague Conference that would involve many states besides the US.

Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld

Law and Contemporary Problems

Arthur von Mehren's proposal for a mixed convention for jurisdiction and multinational judgments is examined. A theory for what a sound convention on the recognition and enforcement of judgments should contain is proposed.

International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren

Law and Contemporary Problems

The work of the Hague Conference on Private International Law in the field of civil litigation is considered, focusing particularly on the Service Convention and the Evidence Convention. The international community has benefited from the work of the Hague Conference through cooperation under its auspices.

International Control Of International Litigation: Who Benefits?, Hans Smit

Law and Contemporary Problems

The enormous growth of international intercourse Since WWII has brought a corresponding increase in litigation with international aspects. Problems associated with adjudication by domestic courts of disputes with international aspects are considered.

Hague International Child Abduction Convention: A Progress Report, Linda Silberman

Law and Contemporary Problems

The Hague Convention on the Civil Aspects of International Child Abduction was adopted on Oct 25, 1980. The objective of the Convention is to protect children from wrongful international removals or retentions from their lawful custodians.

A Comment On The Role Of The Hague Conference On Private International Law, Georges A.L. Droz

Law and Contemporary Problems

The first session of the Hague Conference on Private International Law convened in 1893. The role of the Hague Conference on current international law is examined.

Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis

Scholarly Articles

None available.

Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler

Duke Journal of Comparative & International Law

No abstract provided.

Recent Legal Developments Of The European Community, Jen Rosenkvist, Laurent M. Campo

Duke Journal of Comparative & International Law

No abstract provided.

The Search For Resolution Of The Canada-France Ocean Dispute Adjacent To St. Pierre And Miquelon, Ted L. Mcdorman

Dalhousie Law Journal

They were not to become an "object of jealously" according to the British and French in 1783. True to this admonition, the French islands of St. Pierre and Miquelon have remained as the uncontested footnotes to France's colonial presence in North America. However, the ocean area and resources adjacent to the French islands became the object of intense jealously, being the centre of a thorny, 25 year international dispute between Canada and France.

International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod

Dalhousie Law Journal

In May 1993, Norway announced that it intended to resume limited, controlled commercial whaling. Although the International Whaling Commission (of which Norway is a founding member) voted by an eighteen to six margin to uphold the moratorium on commercial whaling originally established in 1985-86, Norway's decision to resume limited commercial whaling was not illegal. Norway had legally "opted out" of the moratorium by way of the Objections Procedure contained in the International Whaling Convention. Beyond being legal, Norway's decision to resume small-scale harvesting of minke whale stocks was in accordance with the findings of the Scientific Committee of the IWC, …

The Relationship Between International Law And Municipal Law In Light Of The Constitution Of The Republic Of Namibia, D.J. Devine

Case Western Reserve Journal of International Law

No abstract provided.

Should Taiwan Be Admitted To The United Nations?, Hungdah Chiu

Congressional Testimony

No abstract provided.

Peace Vs. Accountability In Bosnia, Anthony D'Amato

Faculty Working Papers

Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen

Vanderbilt Journal of Transnational Law

The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …

Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …

Default Breakdown: The Vienna Convention On The Law Of Treaties' Inadequate Framework On Reservations, Daniel N. Hylton

Vanderbilt Journal of Transnational Law

The 1969 Vienna Convention on the Law of Treaties attempted to give some order to the confusion that was treaty law after World War II. One treaty issue that was particularly in need of codification was the law governing reservations to treaties. With the growing number of participants in the international community making universal agreement more difficult, the frequency of reservations, as a vehicle for circumscribing disagreements in treaty negotiations, increased. However, most practices regarding reservations severely limited the ability of states to make reservations successfully. To remedy that problem, the Vienna Convention adopted a flexible approach to treaty reservations, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

The Nafta Investment Chapter And Foreign Direct Investment In Mexico: A Third World Perspective, Gloria L. Sandrino

Vanderbilt Journal of Transnational Law

The investment provisions of NAFTA, which establish a liberal investment regime and a hospitable atmosphere for foreign investment amongst its signatories, the United States, Canada, and Mexico, represents a new chapter in Mexico's approach to foreign investment. This Article examines the significance of Mexico's shift to welcoming foreign investment and its concomitant acquiescence to traditional notions of expropriation and compensation espoused by more developed states. The author explores Mexico's historical love-hate relationship with foreign investment and its role over the years as leading voice for Third World concerns regarding the potentially exploitive nature of such investment. In this article, a …