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Full-Text Articles in Law
Changing The International Law Of Sovereign Immunity Through National Decisions, Lori F. Damrosch
Changing The International Law Of Sovereign Immunity Through National Decisions, Lori F. Damrosch
Vanderbilt Journal of Transnational Law
The international law of sovereign immunity derives from state practice embodied in national judicial decisions and legislation. Although some U.S. Supreme Court decisions refer to this body of law using terms like "grace and comity," the customary international law of sovereign immunity is law, which national courts should consider when arriving at immunity decisions. While it would be possible for a widely followed international treaty to work changes in customary international law, the UN Convention on Jurisdictional Immunities of States and Their Property has not done so yet. National legislation such as the U.S. Foreign Sovereign Immunities Act can precipitate …
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
The Future Of The World Health Organization: What Role For International Law?, David P. Fidler
Vanderbilt Journal of Transnational Law
This Article has tried to provide a comprehensive analysis of the role of international law in WHO's future. Whether WHO realizes it, international law has had and will continue to have effects on international health policy. In the future, WHO has a choice: It can continue to act as if international law plays no role in global public health or it can build the commitment and capacity needed to integrate international law into its endeavors and into the creation of global health jurisprudence. Building such commitment and capacity will not resurrect WHO to its past glories, but they may very …
Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres
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 …
Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci
Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci
Vanderbilt Journal of Transnational Law
In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
Vanderbilt Law Review
From the beginning of our constitutional life, the Supreme Court has articulated principles that structure the juridical relationship between international law and domestic law. These principles purportedly offer rules of decision for resolving in domestic courts the potential in-consistencies between external and internal sources of law, and they do so with the surface simplicity of axioms. Treaties, for example, cannot trump constitutional norms.' Customary international law can provide a rule of decision at least in the absence of controlling legislative or executive acts. In the case of an irreconcilable conflict between a treaty and a statute, the latter-in-time prevails. When …
The Beagle Channel Affair: A Failure In Judicial Persuasion, David M. Himmelreich
The Beagle Channel Affair: A Failure In Judicial Persuasion, David M. Himmelreich
Vanderbilt Journal of Transnational Law
It has been demonstrated that although the Argentine Declaration of Nullity does not contain valid legal arguments for rejection, it does indicate weaknesses in the Court's opinion that make it vulnerable to rejection for political reasons. Specifically, the Court's remarks about Chilean possession of disputed islands outside the hammer were especially ill-advised. In addition, the Court failed to clearly articulate the reason for dividing the small Channel islands by appurtenance while refusing to do so for PNL. Finally, the Court's refusal to apply an Oceanic principle, even in a narrow sense, was questionable in a case in which the legal …
The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb
The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb
Vanderbilt Journal of Transnational Law
The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Book Reviews, Max Rheinstein, Eugene V. Rostow, William O. Thweatt
Vanderbilt Journal of Transnational Law
JUDICIAL REVIEW IN THE CONTEMPORARY WORLD
By Mauro Cappelletti
Indianapolis: Bobbs Merrill, 1971. Pp. xi, 117. $8.50 ($4.50 student edition).
reviewer: Max Rheinstein
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THE PRICE OF INTERNATIONAL JUSTICE
Philip C. Jessup
New York: Columbia University Press, 1971. Pp. ix, 82. $5.95.
reviewer: Eugene V. Rostow
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THREE WORLDS OF DEVELOPMENT: THE THEORY AND PRACTICE OF INTERNATIONAL STRATIFICATION
By Irving Louis Horowitz
New York: Oxford University Press, 1972. Pp. xxx, 556. $15.00 (Paperback, $3.50).
reviewer: William O. Thweatt
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW
By Robert S. Rivkin
New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.
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HUMAN RIGHTS AND INTERNATIONAL ACTION
By Ernst B. Haas
Stanford, California: Stanford University Press, 1970.Pp. vii, 184.
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INDIRECT TAXATION IN DEVELOPING COUNTRIES
By John F. Due
Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.
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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM
By David M. Leive
Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.
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THE WINDS OF FREEDOM
By Dean Rusk …
Case Comments, Journal Staff
Case Comments, Journal Staff
Vanderbilt Journal of Transnational Law
Sovereign Immunity and Act of State -- A Foreign Sovereign instituting Suit in a United States Court waives Immunity to a Set-off arising from an Act of that Sovereign
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International Law--Nuremburg Doctrine invoked in Domestic Court-Martial