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Articles 61 - 74 of 74

Full-Text Articles in Law

America's Apostasy, James C. Hathaway Jan 1999

America's Apostasy, James C. Hathaway

Articles

It has often struck me that the prominence of the Restatement of the Foreign Relations Law of the United States epitomizes the plight of international law in this country. The title of this standard reference on international law does not even refer to international law, but instead to foreign relations law. That is, it is meant to set out the standards by which we may legitimately judge the conduct of others. The clear, if unintended, message is that the Restatement is not really a codification of laws that bind us. And indeed, it is explicitly not just a codification, but ...


Can International Refugee Law Be Made Relevant Again?, James C. Hathaway Jan 1998

Can International Refugee Law Be Made Relevant Again?, James C. Hathaway

Articles

Ironic though it may seem, I believe that the present breakdown in the authority of international refugee law is attributable to its failure explicitly to accommodate the reasonable preoccupations of governments in the countries to which refugees flee. International refugee law is part of a system of state self-regulation. It will therefore be respected only to the extent that receiving states believe that it fairly reconciles humanitarian objectives to their national interests. In contrast, refugee law arbitrarily assigns full legal responsibility for protection to whatever state asylum-seekers are able to reach. It is a peremptory regime. Apart from the right ...


Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve Jan 1997

Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve

Articles

International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed ...


Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches Jan 1996

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Articles

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what ...


Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray Jan 1996

Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray

Articles

This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.


A True Comprehensive Approach, Lakshman Guruswamy Jan 1992

A True Comprehensive Approach, Lakshman Guruswamy

Articles

No abstract provided.


Global Warming: A Comprehensive Approach, Lakshman Guruswamy Jan 1992

Global Warming: A Comprehensive Approach, Lakshman Guruswamy

Articles

No abstract provided.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Articles

No abstract provided.


The 'Hot Trail' Into Mexico And Extradition Analogies, Edwin D. Dickinson Jan 1922

The 'Hot Trail' Into Mexico And Extradition Analogies, Edwin D. Dickinson

Articles

The recent decision of the Texas Court of Criminal Appeals in Dominguez v. State, 234 S. W. 79, has given us an important precedent and also a valuable example of the solution of novel problems by means of analogies. A detachment of the military forces of the United States had been authorized by the War Department to enter Mexico on the "hot trail" in pursuit of bandits. While following a "hot trail" this detachment arrested Dominguez, a native citizen and resident of Mexico, and returned with him to the United States. It developed later that he was not one of ...


The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson Jan 1920

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.


International Extradition, Henry W. Rogers Jan 1888

International Extradition, Henry W. Rogers

Articles

It is a well-established principle of law that criminal prosecutions are local and not transitory. A wrong-doer whose wrong consists in a civil injury, or arises out of a breach of contract, can ordinarily be required to answer for the wrong done wherever he may be found. But a different principle is applied to the case of one who has committed a crime. As one nation does not enforce the penal laws of another, and as the process of the courts of a state can confer no authority beyond its own territorial limits, punishment can be avoided by escaping from ...


Extradition, Thomas M. Cooley Dec 1875

Extradition, Thomas M. Cooley

Articles

The policy of returning for trial and punishment the criminal of one country who has escaped to another, is not less manifest than its justice. It would seem, therefore, that there ought to be no great difficulty in agreeing upon the proper international regulations for the purpose. This, ho:wever, has until recently been practically an impossibility. While the leading nations of Christendom were engaged for a very large proportion of the time in inflicting upon each other all the mischief possible, it was not to be expected that they would be solicitous to assist in the enforcement of their ...