Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 10 of 10
Full-Text Articles in Law
Contemporary Practice Of The Untied States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The Untied States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Iran Nuclear Framework Agreement Reached; Congress Seeks to Influence Negotiation • United States Lifts Some Cuba Restrictions and Explores the Possibility of Normalizing Relations • United States Responds to Alleged North Korean Cyber Attack on Sony Pictures Entertainment • Senate Select Committee on Intelligence Releases Executive Summary of Its Study of CIA’s Detention and Interrogation Program • President Obama Seeks Statutory Authorization for the Use of Military Force Against ISIL
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: United States Objects to Russia’s Continued Violations of Ukraine’s Territorial Sovereignty, Including by Convoys Purporting to Provide Humanitarian Aid • United States and Afghanistan Sign Bilateral Security Agreement • United States Announces “Changes and Confirmations” in Its Interpretation of the UNConvention Against Torture • United States and China Make Joint Announcement to Reduce Greenhouse Gas Emissions, Bolstering Multilateral Climate Change Negotiations • United States Deepens Its Engagement with ISIL Conflict • NATO Affirms that Cyber Attacks May Trigger Collective Defense Obligations
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
• Progress Is Made Implementing U.S.-Russia Framework for Eliminating Syrian Chemical Weapons • United States Advocates for Syrian Peace Conference • United States Extends Deadline for Signing of Bilateral Security Agreement with Afghanistan • China Announces New Air Defense Identification Zone over East China Sea, Prompting U.S. Response • United States and Six Other States Reach Interim Agreement on Iranian Nuclear Program
The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam
The Foreign Affairs Of Federal Systems: A National Perspective On The Benefits Of State Participation, Daniel Halberstam
Articles
In recent years, the constitutional law of foreign relations has come under intense academic scrutiny, and with it the traditionally accepted constitutional balance between the federal government and the States. In the course of this renewed debate, revisionist scholars have challenged the previously dominant view that States have no place in foreign affairs.
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
The Constitutional Authority Of The Federal Government In State Criminal Proceedings That Involve U.S. Treaty Obligations Or Affect U.S. Foreign Relations, Malvina Halberstam
Articles
No abstract provided.
Recent Recognition Cases, Edwin D. Dickinson
Recent Recognition Cases, Edwin D. Dickinson
Articles
"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson
Articles
From the decision of this novel case, reported as Pelzer v. United Dredging Co., we may infer that the New York courts regard unrecognized Mexico as a sort of legal vacuum. In granting the corporation's motion for judgment on the pleadings, the Supreme Court said: "The administratrix plaintiff is an officer of a foreign court. It is syllogistically true that if the foreign court has no recognized power here she may not assert a right derived through her appointment therefrom. The Mexican government is not de facto here, since recognition alone can make it so. It may have all the …
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson
Articles
Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson
Articles
PROBABLY no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …
Harboring Conspiracy, Henry W. Rogers
Harboring Conspiracy, Henry W. Rogers
Articles
That the American people should naturally sympathize with Ireland in its demand for home rule is to be expected from the very nature of our institutions and theory of government. We in this country are of the opinion that Ireland, in demanding from England the right to regulate its domestic affairs in its own way and by its own laws, presents an honorable and a just cause, which appeals to our sympathy and sense of right. But it makes no difference bow honorable and legitimate a cause may be in itself, if it be supported by means which are not …