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Articles 1 - 21 of 21
Full-Text Articles in Law
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
2 pages.
The Status Of Treaties In United States Law - Reexamining The Last In Time Rule In Light Of United States V. Palestine Liberation Organization, Kevin T. Mulhearn
The Status Of Treaties In United States Law - Reexamining The Last In Time Rule In Light Of United States V. Palestine Liberation Organization, Kevin T. Mulhearn
Villanova Law Review
No abstract provided.
Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers
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 …
Some Lingering Questions About Article 60 Of The Vienna Convention On The Law Of Treaties, Frederic L. Kirgis Jr.
Some Lingering Questions About Article 60 Of The Vienna Convention On The Law Of Treaties, Frederic L. Kirgis Jr.
Cornell International Law Journal
No abstract provided.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
Reservations To Treaties, Richard W. Edwards Jr.
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.
"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick
"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 …
Impact Of The Reagan Administration On The Law Of The Sea, George D. Haimbaugh, Jr.
Impact Of The Reagan Administration On The Law Of The Sea, George D. Haimbaugh, Jr.
Washington and Lee Law Review
No abstract provided.
What Does It Mean To Be An Internationalist?, Anthony D'Amato
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 …
The Implementation Of The Final Act Of Helsinki: The Creation Of New Structures Or The Involvement Of Existing Ones?, Pieter Van Dijk
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.
Justice In The International System, Thomas M. Franck, Steven W. Hawkins
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 …
National Treatment Obligations And Non-Tariff Barriers, John H. Jackson
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).
Reflections On State Responsibility For Violations Of Explicit Protectorate, Mandate, And Trusteeship Obligations, W. Michael Reisman
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 …
Law And Alternative Security, Burns H. Weston
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 …
Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms
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, …
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 …
The International Applicability Of Section 7 Of The Endangered Species Act Of 1973, John C. Beiers
The International Applicability Of Section 7 Of The Endangered Species Act Of 1973, John C. Beiers
Santa Clara Law Review
No abstract provided.
The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller
The National Security Of The United States As The Host State For The United Nations, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.