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Articles 1 - 19 of 19
Full-Text Articles in Law
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 …
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle
Vanderbilt Journal of Transnational Law
Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts
Vanderbilt Journal of Transnational Law
In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.
Libya: An Exception To Sovereign Immunity, Brett Tolman
Libya: An Exception To Sovereign Immunity, Brett Tolman
Brigham Young University Prelaw Review
The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization …
Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler
Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler
Brigham Young University Prelaw Review
Conflicts steadily rise as multinational enterprises become more widespread throughout the world. As companies expand from their homelands into foreign lands, which do not always have the same economic systems, new laws create greater risks and various conflicts. The lack of clear international law only heightens the conflicts and opinions of those involved. Such is the case of a United States citizen, Milton Bunker Hunt, who owned and operated oil fields located in Libya. The real issue of this case is whether or not Libya was justified in this taking, and this can only be judged by the laws in …
The Bunker Hunt Case, Victor Sipos
The Bunker Hunt Case, Victor Sipos
Brigham Young University Prelaw Review
In recent decades, US courts have become more responsive to the ever-increasing commercialization of the world and more sensitive to the rights of US investors engaging in international markets. International trade has always posed risks to investors working under different legal systems within separate sovereign nations. The modern US stance on international law provides legal rights to US citizens which didn't exist even a quarter-century ago. The greatest concern of international investment is a foreign sovereign's power to nationalize interests within its boundaries without properly compensating the investor. In 1973, the Libyan extension of Milton Bunker Hunt oil interests encountered …
New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar
New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar
Georgia State University Law Review
No abstract provided.
Nationalization And The Bunker Hunt Case, Kim Cluff
Nationalization And The Bunker Hunt Case, Kim Cluff
Brigham Young University Prelaw Review
The nationalization of foreign-owned companies is a controversial issue that has created considerable tension within the international arena. As a result, international law has had to expand in order to aptly deal with cases involving expropriation. While all countries do not agree on how to settle such questions, international laws have been established that decisively defend various taking actions. The Bunker Hunt Case is a good illustration of how these laws can be applied. This case involves the nationalization of Milton Bunker Hunt's rights to oil interests in Libya. According to the Libyan government, this taking was both legal and …
Back To The Future: An Address To The Class Of 2042, Alfred C. Aman
Back To The Future: An Address To The Class Of 2042, Alfred C. Aman
Indiana Law Journal
No abstract provided.
International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love
International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love
Vanderbilt Journal of Transnational Law
Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.
The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace
By James Michael Zimmerman
New York, New York: Quorum Books, 1992. Pp.206.
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Fact-Finding before International Tribunals
Edited by Richard B. Lillich
Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.
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International Human Rights Law in the Commonwealth Caribbean
Edited by Angela D. Byre and Bevereley Y. Byfield
Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie
Dalhousie Law Journal
During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?
International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz
International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
J.L. Brierly And The Modernization Of International Law, Carl Landauer
J.L. Brierly And The Modernization Of International Law, Carl Landauer
Vanderbilt Journal of Transnational Law
In this Article, the author provides an analysis of a classic of international law, The Law of Nations, by J.L. Brierly. The author describes Brierly as an international legal scholar whose modernization of international law involves an emphasis on fact and complexity, an emphasis that is ultimately little more than a gesture. The author then examines the narrative structure of The Law of Nations and indicates the normative messages disclosed in Brierly's telling of the story of international law. Finally, the author describes Brierly's effort to describe international law as occupying a political realm while Brierly's evolutionary optimism made him …
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter
Vanderbilt Journal of Transnational Law
The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the implications of those reservations as well as arguments favoring extension. This Note reviews the birth of the atomic age and the terms of the NPT and examines the Treaty's strengths and weaknesses. The author concludes that the Treaty should remain in force and suggests strategies for maintaining the …
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang
Northwestern Journal of International Law & Business
These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
China's Evolving Company Legislation: A Status Report, Preston M. Torbert
Northwestern Journal of International Law & Business
As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.
National Self-Determination And Secession: The Slovak Model, Holly A. Osterland
National Self-Determination And Secession: The Slovak Model, Holly A. Osterland
Case Western Reserve Journal of International Law
No abstract provided.