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Full-Text Articles in Law
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Contrasting Perspectives And Preemptive Strike: The United States, France, And The War On Terror, Sophie Clavier
Maine Law Review
A few years ago, Samuel P. Huntington's article in Foreign Affairs, "The Clash of Civilizations?" described a "West vs. the Rest" conflict leading to the assumption of an essentially unified Western civilization settling "[g]lobal political and security issues ... effectively ... by a directorate of the United States, Britain and France" and centered around common core values "using international institutions, military power and economic resources to run the world in ways that will . . . protect Western interests . . . .” Against the West, the specter of disorder and fundamentalism was looming and would precipitate conflicts. This widely …
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Unilateral And Multilateral Preventive Self-Defense, Stéphanie Bellier
Maine Law Review
The governing principle of the collective security system created by the United Nations Charter in 19451 is the rule prohibiting the use of force in Article 2(4), which provides that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations." This rule prohibiting the use of force was considered revolutionary at the time because it transformed into international law ideas which had for centuries, if not millennia, preoccupied the minds of people …
Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer
Exorbitant Jurisdiction, Kevin M. Clermont, John R.B. Palmer
Maine Law Review
Exorbitant territorial jurisdiction in civil cases comprises those classes of jurisdiction, although exercised validly under a country's rules, that nonetheless are unfair to the defendant because of a lack of significant connection between the sovereign and either the parties or the dispute. The United States, France, and most of the rest of the world exercise a good deal of exorbitant jurisdiction so defined. In the United States, an emphasis on power derived from territoriality has led to jurisdictional restraint in some respects, but has also allowed general jurisdiction based solely on transient physical presence, the attachment of property, or extensive …
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Commentary: Convergences And Divergences: The United States And France In Multilateral Diplomacy, André Lewin
Maine Law Review
Despite the divergences that have regularly separated the United States and France, or at the very least their officials-who unfortunately influence public opinion as well-there are, in my opinion, more similarities than differences than one would believe between these two countries' approaches to international relations. They both feel that they have a calling to defend the advancement of universal values in the world in order to further humanity along the road of peace, democracy, happiness, and justice. The United States, which can be considered a relatively new country, values respect for human rights, free enterprise, equal opportunity for everyone, individual …
France, Europe, The United States, Abdelkhaleq Berramdane
France, Europe, The United States, Abdelkhaleq Berramdane
Maine Law Review
Fascination and rejection have always characterized Franco-American relations, like an old couple who are not able to forgive: for France, the battle of Yorktown where Lafayette and Rochambeau contributed to the independence of the former British colonies; for the United States, American participation, twice, in the liberation of France. Neither one willing to credit its salvation to the other. A tumultuous relationship very much resembling the rocky history of the Statue of Liberty ("Liberty Enlightening the World"), offered by a still fragile Republic to a distant sister, who only begrudgingly offered it a pedestal. For centuries French literature has been …
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Thought Versus Action: The Influence Of Legal Tradition On French And American Approaches To International Law, Dana Zartner Falstrom
Maine Law Review
In the months leading up to the U.S. intervention in Iraq in March 2003, the dialogue between the United States and France on the appropriate course of action to take in response to Iraq's report on its weapons of mass destruction revealed differences between these traditional allies as to the options available under international law. These differences did not center on the goals of any proposed action-both sides in fact agreed upon the goals, which were to ensure there were no weapons of mass destruction; to prevent an increase in terrorist activity; and to address the continuing violations of international …