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The Role Of The International Law Commission In The Decade Of International Law, Sompong Sucharitkul

Publications

The object of this study is, as suggested by its title: "The Role of the International Law Commission in the Decade of International Law". In this exercise, the title role will be played by the International Law Commission in the context of the 'Decade of International Law' recently proclaimed by the General Assembly of the United Nations. The contribution to be expected of the Commission will be viewed from the perspective of the prospect of enhancing the practice of states in the adoption of available means of their choice for the peaceful settlement of international disputes.

Free Speech: It's Great For Hate, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Michael Van Walt's The Status Of Tibet: History, Rights And Prospects In International Law, Rebecca Redwood French

Book Reviews

No abstract provided.

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.

Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn

Scholarly Works

As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …

Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis

Scholarly Articles

None available.

Globalization Of International Law In A Contemporary International Community, Sompong Sucharitkul

Publications

An article submitted to Leids Politicologisch Magazine.

Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte

Law Faculty Presentations and Testimony

Hearing to examine issues related to U.S. ratification of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requiring nations to take measures to prevent torture and cruel and inhuman treatment, to prosecute or extradite alleged torturers, and to provide civil remedies for torture victims.

Support for U.S. ratification of UN convention against torture; examination of and concerns about proposed reservations and conditions to convention text (related materials, p. 49-60, 69-72); justification for certain reservations relating to U.S. sovereignty.

Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Attributing Acts Of Omission To The State, Gordon A. Christenson

Faculty Articles and Other Publications

In determining what conduct is attributable to the State under the international law of State responsibility, we normally work from specific behavior of particular government officials acting alone or in concert. Because the abstract "State" acts only through "agents" in control of the State or some part of its apparatus, any such acts of those individuals are attributed to the State if done under actual or apparent authority of the State. Responsibility of the State engages when such conduct causes harm in breach of international obligation.

The Lower Branches Of The Legal Profession: A London Society Of Attorneys And Solicitors Of The 1730s And Its Moots, Henry Horwitz, Lloyd Bonfield

Articles & Chapters

No abstract provided.

The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis

Faculty Articles and Papers

In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …

Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni

College of Law Faculty

No abstract provided.

English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks to …

Rebirth Of Chinese Legal Scholarship, With Regard To International Law, Sompong Sucharitkul

Publications

The fate of Chinese legal scholarship appears to have been closely linked to the chronological development of legal education in China. The periods of incubation of legal scholarship covered nearly three decades of internal strife and political turmoil from 1949 to 1978. The rebirth of Chinese legal scholarship did not take place immediately upon China's return to the United Nations (in 1971). This return, however, marked the first sign of a change of policy towards legal scholarship. The author briefly describes the history, development and current status of (Chinese) legal scholarship and attitude towards international law in China.

Thai Nationality In International Perspective, Sompong Sucharitkul

Publications

Paper published as chapter 10 in Nationality and International Law in Asian Perspective (Martinus Nijhoff, 1990).

Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis

Scholarly Articles

None available.

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Use Of Anti-Suit Injunctions In International Litigation, George A. Bermann

Faculty Scholarship

Of the various forms of provisional relief in the context of inter-national litigation, none has sparked as much interest and controversy as the international anti-suit injunction. In many ways the international anti-suit injunction, an instrument by which a court of one jurisdiction seeks to restrain the conduct of litigation in another jurisdiction, resembles more conventional forms of international provisional relief such as the foreign attachment or preliminary injunction. Like them, the anti-suit injunction affords courts an important opportunity to affect the course and significance of litigation abroad. However, such intervention strongly implies – and often actually creates – jurisdictional conflict …

The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato

Faculty Working Papers

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …

Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer

Faculty Articles

In its Iran-Contra investigation, Congress faced legal challenges which evolved logically from the two-century long history of Congressional investigations, and yet at the same time were unmatched in their significance. One challenge concerned "use" immunity, and its employment when high advisers to the President faced parallel Congressional and criminal proceedings. A second concerned the investigation of a secret international "Enterprise," which, like similar enterprises, was established overseas to carry on international operations without public accountability, and was protected by multiple layers of secrecy sanctioned by law. This article addresses how history brought Congress to those challenges, and how Congress met …

The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman

Faculty Articles

This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men aboard Pan …

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.

Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey

Faculty Scholarship

No abstract provided.

A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The First Amendment And The International "Free Flow" Of Information, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.