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Articles 1 - 30 of 57
Full-Text Articles in Law
William W. Bishop, Jr.: Vita And Bibliography, Michigan Journal Of International Law
William W. Bishop, Jr.: Vita And Bibliography, Michigan Journal Of International Law
Michigan Journal of International Law
No abstract provided.
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Publish And Perish: Congress's Effort To Snip Snepp (Before And Afsa), Michael J. Glennon
Michigan Journal of International Law
Over three million present and former federal employees, of the Executive as well as the Congress, are parties to so-called "pre-publication review agreements," which require that they submit any writings on topics related to their employment for Executive review prior to publication. In Section 630 of the Omnibus Continuing Resolution for Fiscal Year 1988, Congress attempted to restrict the use of funds to implement or enforce certain of those agreements. On May 27, 1988, however, the United States District Court for the District of Columbia, in American Foreign Service Association v. Garfinkel ("AFSA "), struck that section down, …
In Memoriam, John H. Jackson
In Memoriam, John H. Jackson
Michigan Journal of International Law
The University of Michigan law faculty has been saddened twice within six months by the deaths of colleagues. These events can only serve to remind us that not only are the lives of individuals transitory, but institutions also can be deeply affected by the mortality of their members.
William Warner Bishop, Jr.:Remembering A Gentle Giant, George P. Smith Ii
William Warner Bishop, Jr.:Remembering A Gentle Giant, George P. Smith Ii
Michigan Journal of International Law
The name William Warner Bishop, Jr. came into my vocabulary when I was a student at the Indiana University Law School in Bloomington in the early 1960s. There I enrolled in a course styled simply, "International Law," in which we used the course book entitled INTERNATIONAL LAW: CASES AND MATERIALS by Professor Bishop. The man Bill Bishop entered my life the Summer of 1965 in The Hague, Netherlands, at the Academie du Droit International where I was enrolled as a student. Among the several other courses which I had elected, the "General Course of Public International Law" given by William …
A Tribute From A Political Scientist, Harold K. Jacobson
A Tribute From A Political Scientist, Harold K. Jacobson
Michigan Journal of International Law
Political scientists who specialize in international relations knew Bill Bishop as the Editor-in-Chief of the American Journal of International Law, the author of the classic text in international law, and the teacher of our former students. A fortunate few of us, at Princeton before he joined the faculty of the Michigan Law School and at Michigan after his formal retirement, knew him as a superb teacher of international law to undergraduate students in political science courses. However we knew him, we had and have immense respect, admiration, and affection for him.
Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers
Some Recent Cases Delaying The Direct Effect Of International Treaties In Dutch Law, Henry G. Schermers
Michigan Journal of International Law
This article is meant as a comment on some recent Dutch cases concerning the effect within the domestic law of the Netherlands of the prohibition of discrimination laid down in Article 7a(i) of the International Covenant on Economic, Social and Cultural Rights and of Article 26 of the International Covenant on Civil and Political Rights. The cases were decided by the Centrale Raad van Beroep, which is the Dutch supreme court in some fields of administrative law, such as the law on civil servants and several laws on social security. The cases are particularly interesting with respect to the …
Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein
Does International Human Rights Law Have Something To Teach Monetary Law?, Cynthia C. Lichtenstein
Michigan Journal of International Law
Although the subject of exchange controls, a substantial part of international monetary law, seems hardly at first glance to be as gripping a matter of international concern as international human rights, the first glance neglects the place of exchange controls in the life blood of developing nations. If, instead of referring to exchange controls, one speaks of the human costs of the international debt crisis, the point is quickly made. Students in a class in international monetary law do see a connection between the outflow of hard currency to repay external debt and the political consequences for a nation that, …
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Transborder Data Flows: Do We Mean Freedom Or Business?, Michael Bothe
Michigan Journal of International Law
The growth of the modem "information society" is a phenomenon transcending national borders, characterized by tremendous progress in both telecommunications and computer technology - a technology called collectively "telematics." Telematics have not only become the vital nervous system of our domestic economies and begun to play an increasing role in our private lifestyles, but have grown to link the nations of the world in constant, instantaneous, and complex ways. These communications and the data conveyed through them (whether their raw material is written text, tables, numbers, pictures, or voices), due to their importance, are in many respects a matter of …
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Some Issues Of Immigration Law In A Developing State, Miriam Defensor Santiago
Michigan Journal of International Law
This article outlines some basic issues of immigration law that will be discussed during this process of reform. These issues, each of which constitutes a separate section, include the legal basis for deportation under Philippine jurisprudence; the power to issue a warrant of arrest against an alien; the power to grant bail to an alien under detention; and the power of judicial review over deportation cases.
Joint Ventures And The Law Of International Claims, Richard B. Lillich
Joint Ventures And The Law Of International Claims, Richard B. Lillich
Michigan Journal of International Law
Joint ventures are one of the most remarkable post-World War II international business developments. Although the late Professor Friedmann noted in 1971 that they were becoming "the most important form of foreign investment in the developing countries of Africa, Asia and Latin America," "only within the last two decades has the joint capital venture received more than scant attention." Now, whether one is interested in establishing a "minority joint venture," in which the foreign investor holds less than fifty percent of the equity in the joint enterprise and the host country the majority interest, or a "multipartite joint venture," in …
The Authoritative Sources Of Customary International Law In The United States, Harold G. Maier
The Authoritative Sources Of Customary International Law In The United States, Harold G. Maier
Michigan Journal of International Law
In this discussion, the author distinguishes the authoritative source of law from the substantial source of law. The authoritative source of law is the political body that confers authority on the decision maker to select and interpret the rule. By doing this that body politic creates the authority that gives the rule status as a rule of law in the forum of decision. The substantial source of a legal rule is that body of law in which the rule's original policy bases and the verbal form that describes the effect to be given to that policy are found. The substantial …
Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda
Stratospheric Ozone Depletion: A Challenge For International Environmental Law And Policy, Ved P. Nanda
Michigan Journal of International Law
The first part of the article addresses the phenomenon of stratospheric ozone depletion, noting significant recent developments, and discussing their ramifications. This is followed by an inquiry into pertinent international and U.S. responses to ozone depletion. Recent developments in international environmental law provide an appropriate context for this inquiry. The adequacy of these responses is assessed in the next section. Recommendations follow in the concluding section.
Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern
Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern
Michigan Journal of International Law
In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
The Ec Hormone Ban Dispute And The Application Of The Dispute Settlement Provisions Of The Standards Code, Allen Dick
Michigan Journal of International Law
As the concept of a unified European market becomes more of a reality as we approach 1992, talk of a "Fortress Europe" has heightened sensitivity on trade issues among officials of the United States and the European Community ("EC"). The EC's plan to ban the sale of meat treated with growth hormones within the Member-States has presented a trade issue disconcerting to both sides. This brewing tempest has raised many interesting legal issues involving the dispute settlement provisions set out in the Agreement on Technical Barriers to Trade ("Standards Code"). This note examines why the process failed to resolve, and …
U.N. General Assembly Meetings Held Outside New York, Yehuda Z. Blum
U.N. General Assembly Meetings Held Outside New York, Yehuda Z. Blum
Michigan Journal of International Law
The decision taken by the United Nations General Assembly on December 2, 1988 "to consider the question of Palestine… in plenary, at the United Nations Office at Geneva during the period from December 13-15, 1988" has raised some questions regarding the procedural requirements that have to be fulfilled for General Assembly meetings to be held away from U.N. Headquarters in New York. For a better understanding of the issues involved, it would seem appropriate to summarize briefly the background and developments that led to the General Assembly's decision.
The United Nations And The Enforcement Of Peace, Eric Stein
The United Nations And The Enforcement Of Peace, Eric Stein
Michigan Journal of International Law
This essay is a revised version of an address given at a symposium held in the fall of 1986 in Heidelberg, Federal Republic of Germany, in commemoration of the 600th anniversary of the Heidelberg University. By one of the coincidences that haunt human life, the United Nations is again the topic.
Reservations To Treaties, Richard W. Edwards Jr.
Reservations To Treaties, Richard W. Edwards Jr.
Michigan Journal of International Law
In the summer of 1961, Professor William W. Bishop, Jr., gave a series of lectures at the Hague Academy of International Law which were later published under the title "Reservations to Treaties." This work was the most extensive treatment given by Professor Bishop to a single subject. This article examines the development of the law regarding reservations to treaties subsequent to Professor Bishop's 1961 Hague lectures.
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
On Human Rights: The Use Of Human Right Precepts In U.S. History And The Right To An Effective Remedy In Domestic Courts, Jordan J. Paust
Michigan Journal of International Law
Early in the history of the United States, human rights, then often termed the "rights of man," were understood to be those natural, unalienable rights of all persons that no government on earth could deny - rights that are a part of law, whether written or unwritten, and that free and democratic governments are formed to further and to protect. As Alexander Hamilton recognized in 1775, "the sacred rights of mankind... are written, as with a sunbeam, in the whole volume of human nature… and can never be erased or obscured by mortal power." Yet, as Hamilton must have known, …
"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick
"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick
Michigan Journal of International Law
The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the …
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Political Questions In International Trade: Judicial Review Of Section 301?, Erwin P. Eichmann, Gary N. Horlick
Michigan Journal of International Law
Section 301 of the Trade Act of 1974 ("Section 301") has become an increasingly potent and widely-used tool in the U.S. arsenal of trade policy measures. The past few years have seen a proliferation of Section 301 cases, affecting the trade of goods and services in Europe, Asia, and Latin America. Even so, in the debate over the Omnibus Trade and Competitiveness Act of 1988 ("Omnibus Trade Act"), Congress expressed impatience with the President's discretion in not undertaking more Section 301 retaliations. But while much attention has focused on the politics and policy aspects of Section 301, little has been …
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
(Why) Should Nations Utilize Antidumping Measures?, Ross Denton
Michigan Journal of International Law
The purpose of this paper is to present arguments that may provide support for the continuation of the international antidumping regime, and in certain measure, for the continuation of national antidumping rules. It steers an often difficult course between advocating tighter controls on the use of antidumping actions as protectionist measures, and their use to prevent potentially harmful dumping. However, this paper does not attempt to define how to produce a rational antidumping-type system, but merely provides some standards for assessing whether that system is sensible.
Recollections Of Professor Bishop As A Teacher Of Teachers Of Transnational Law, Covey T. Oliver
Recollections Of Professor Bishop As A Teacher Of Teachers Of Transnational Law, Covey T. Oliver
Michigan Journal of International Law
It will be interesting to me to see, should this modest tribute survive editing, whether others writing in this Symposium have also chosen to single out Bill Bishop's influence on a post-World War II generation of teachers of international public law, conflict of laws, comparative public law, and admiralty: men and women who have in considerable part been led, aided, or influenced by him into one or several aspects of the global normative science, named "transnational law" by one of his own great teachers (and mine), Philip C. Jessup.' If others have also sounded this theme, reiteration of it can …
William W. Bishop, Jr.: A Great Life In The Law, Michael H. Cardozo
William W. Bishop, Jr.: A Great Life In The Law, Michael H. Cardozo
Michigan Journal of International Law
The career of William W. Bishop, Jr., provides a special opportunity to observe one of the ways, as Oliver Wendell Holmes, Jr. put it, of "living greatly in the law." His accomplishments must have brought great satisfaction to him, for he was recognized worldwide as one of the leading authorities and teachers in the field of public international law. That alone bespeaks a good life in the law.
True Michiganian, Moritoshi Fukuda
True Michiganian, Moritoshi Fukuda
Michigan Journal of International Law
At the beginning of January, 1988, the saddest news came from Betty Bishop in her letter informing me that her father, William W. Bishop, Jr., had passed away suddenly but peacefully at his home in Ann Arbor on December 29, 1987. His last act on this earth was feeding the birds and squirrels in his snowy garden. Then he sat down on the porch and apparently was struck down by a heart attack. He was 81 years old.
Memorial To William W. Bishop, Jr., Richard B. Lillich
Memorial To William W. Bishop, Jr., Richard B. Lillich
Michigan Journal of International Law
Time, that everrolling stream, has taken Bill Bishop away, but his legacy will remain with us - as individuals and as a Society - forever. Many of his contemporaries and colleagues also have recorded their memories of the man. This memorialist, his collaborator on various joint ventures within and without the Society over the past decade and a half, saw Bill not so closely nor over so long a period, but from a different perspective perhaps no less worth recording.
A Tribute From A Private Practitioner, Rotraud M. Perry
A Tribute From A Private Practitioner, Rotraud M. Perry
Michigan Journal of International Law
William W. Bishop, Jr. was a great scholar in the field of international law, with a unique mind, an intensive understanding in his field, an industrious application to all problems which came before him, and an abiding affection for his students - which affection was reciprocated by a countless number. Year after year his voluntary international law classes had to be split in two because so many enrolled.
William W. Bishop, Jr.:My Saya, Myint Zan
William W. Bishop, Jr.:My Saya, Myint Zan
Michigan Journal of International Law
Bill Bishop to me was a Saya in the fullest sense of this Burmese word. Saya means a teacher who is at the same time a scholar, role model, guide, comforter, and friend. As a scholar and teacher he has imparted not only legal knowledge, but also intellectual honesty: a capacity to see and a sympathy to understand other points of view. What better role model can one give than to be a noted international legal scholar, a caring, conscientious, and affectionate person that he was? But it is in his role as a guide, comforter, and friend that he …
William W. Bishop, Jr.: A Law Teacher Whose Inward Happiness Was Reflected In His Relations With Students And Colleagues, James N. Hyde
William W. Bishop, Jr.: A Law Teacher Whose Inward Happiness Was Reflected In His Relations With Students And Colleagues, James N. Hyde
Michigan Journal of International Law
Bill Bishop's students and colleagues at Michigan showed their love and respect for him, which I, as a contemporary in age, shared. Like my father, Charles Cheney Hyde, I had associations with Bishop while lecturing there. Through these associations I developed my own interest in the Law School and its students. His colleague, Eric Stein, has emphasized the impact of his casebook and teaching. He refers to Bishop's "historical perspective and traditional systematic presentation, which formed the background for consideration of perpetual change," which Bishop saw and documented. In the Foreword to the Proceedings of a 1955 Summer Institute on …
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Cultural Neutrality: A Prerequisite To Arbitral Justice, Giorgio Bernini
Michigan Journal of International Law
In common parlance, neutrality is often equated with impartiality. Any such assimilation, however, would be incorrect, since neutrality and impartiality are intrinsically different. At the risk of oversimplification, neutrality may be defined as an objective status, i.e. the likelihood that the arbitrator will be, and remain, wholly equidistant in thought and action throughout the arbitral proceedings. Impartiality, on the contrary, partakes more of a subjective status, to be tested in the context of the concrete relations existing between the arbitrator(s) and each individual party. It follows that one can be impartial without being neutral; and conversely, that no arbitrator may …
Third State Remedies In International Law, Jonathan I. Charney
Third State Remedies In International Law, Jonathan I. Charney
Michigan Journal of International Law
This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.