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Full-Text Articles in Law
International Law In Asia: An Initial Review, Jeremy Thomas
International Law In Asia: An Initial Review, Jeremy Thomas
Dalhousie Law Journal
It is now a little over half a century since the first of the states of Asia to be granted their independence in the aftermath of the Second World War became sovereign and independent of their former colonial masters. In that period there have been very substantial changes in international law. The number of the family of nations has more than tripled and international organisations and even individuals are now subject to the application of international law. Space law, human rights and the law of the environment have appeared, the law of the sea has been transformed, disarmament has reappeared …
Iran-United States Claims Tribunal, Gunnar Lagergren
Iran-United States Claims Tribunal, Gunnar Lagergren
Dalhousie Law Journal
On 1 July 1981, at the Peace Palace in The Hague, I had the privilege of declaring open the Iran-United States Claims Tribunal, which had been constituted in accordance with the Declarations made by the Government of the Democratic and Popular Republic of Algeria, on 19 January 1981, and adhered to by Iran and the United States of America. As I observed at that time, two great nations had, by agreeing to peaceful settlement of their differences through arbitration, brought to an end a crisis of unique complexity which might well have become a threat to world peace.
Rule Of Law In A State Of Emergency, John P. Humphrey
Rule Of Law In A State Of Emergency, John P. Humphrey
Dalhousie Law Journal
Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
The Reunification Of Germany: Comments On A Legal Maze, Jutta Brunnée
Dalhousie Law Journal
In its Preamble, the Basic Law - the constitution - of the Federal Republic of Germany declares itself a transitional order put in place until all Germans can freely decide to live in a reunified Germany. The Preamble is evidence of both history and aspirations of the western part of Germany that emerged from the Second World War. It is now one of the legal foundations for an event that only a year ago few thought was possible: the merging of the German Democratic Republic and the Federal Republic of Germany into one German state. In its preamble and in …
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
The Human Rights Committee And Articles 7 And 10(1) Of The International Covenant On Civil And Political Rights, 1966, P R. Ghandhi
Dalhousie Law Journal
The International Covenant on Civil and Political Rights and the Optional Protocol thereto, adopted by the General Assembly of the United Nations in Resolution 2200A (XXI) t of 16 December 1966, entered into force on 23 March 1976 in accordance with Articles 49 of the Covenant and 9 of the Protocol respectively. As at 28 July 1989, there were eighty-seven States Parties to the Covenant and forty-five States Parties to the Protocol.
Treaty Interpretation: Theory And Reality, Paul Gormley
Treaty Interpretation: Theory And Reality, Paul Gormley
Dalhousie Law Journal
The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …
The Office Of The United Nations Secretary-General, B G. Ramcharan
The Office Of The United Nations Secretary-General, B G. Ramcharan
Dalhousie Law Journal
In the last decade of the twentieth century the international community is turning increasingly to international organizations to co-ordinate international protection of the common welfare, to promote global interests, and to help enhance human dignity and freedom. International organizations are not being entrusted with governmental functions per se, but they are being called upon to help develop and operate what may be described as strategies of international governance in the environmental, political, economic, social, and humanitarian sectors. The enhanced role of international organizations is accompanied by related innovations in international law.
Lawyers And The Nuclear Debate, Malcolm Shaw
Lawyers And The Nuclear Debate, Malcolm Shaw
Dalhousie Law Journal
The volume under review constitutes a valuable and exciting contribution to the whole nuclear debate. Its distinctiveness, perhaps, lies in the format. A mix of more formal and prepared papers, less formal papers, interventions and discussions provides an interesting example of the genre. While one is clearly not dealing with an academic treatise, the style of the compilation enhances the feeling of acute concern, spontaneity and the sense of the contemporary significance of the whole enterprise.
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Dalhousie Law Journal
The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
The Role Of International Law As A Canon Of Domestic Statutory Construction, Ralph G. Steinhardt
Vanderbilt Law Review
From the beginning of our constitutional life, the Supreme Court has articulated principles that structure the juridical relationship between international law and domestic law. These principles purportedly offer rules of decision for resolving in domestic courts the potential in-consistencies between external and internal sources of law, and they do so with the surface simplicity of axioms. Treaties, for example, cannot trump constitutional norms.' Customary international law can provide a rule of decision at least in the absence of controlling legislative or executive acts. In the case of an irreconcilable conflict between a treaty and a statute, the latter-in-time prevails. When …
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Acid Rain And Ozone Layer Depletion: International Law And Regulation, Kernaghan Webb
Dalhousie Law Journal
Although international customary and conventional law have addressed aspects of transfrontier pollution problems for decades,' the regional and global environmental degradations which have come to the forefront in the 1980s and 1990s - acid rain, ozone depletion, and global warming, to name but three - represent new challenges to existing international law institutions and concepts. In a sense, the world has over the past two centuries gone through a period of what could be called "technological adolescence", as individuals and corporations, largely from industrialized nations, exploited the earth's resources with little if any concern for the immediate and long-term implications …
The Treatment Of Prisoners Under International Law, L C. Green
The Treatment Of Prisoners Under International Law, L C. Green
Dalhousie Law Journal
As Legal Adviser to Amnesty International, Mr. Rodley is well aware of the numerous occasions on which prisoners and detainees in a variety of countries suffer inhumane treatment, often involving torture or even death. As a contribution to the UNESCO series New Challenges in International Law he has produced this study of The Treatment of Prisoners under International Law seeking to show the extent to which international legal regulation attempts to protect such persons, either by way of the general rules concerning human rights or by way of specific regulations and studies carried out under the auspices of international organizations.
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Scholarly Articles
None available.
Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte
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.
Attributing Acts Of Omission To The State, Gordon A. Christenson
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.
Terrorism In National And International Law, Caleb M. Pilgrim
Terrorism In National And International Law, Caleb M. Pilgrim
Penn State International Law Review
Efforts at regulating terrorism so far illustrate one central fact: the lack of balance between our conception of terrorism as applied by the individual practitioner and our conception of terrorism as practiced by government officials. The balance seems weighted in favor of governments even in those pathological cases where the patients had been rather unceremoniously treated for their allergies to dictatorship. Government in some cases control, in others influence, the sources of information concerned with national security. Stigmatization of sometime legitimate resistance - labeling it as "terrorist" - deprived such protests of legitimacy and protection. The people in power, the …
International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek
International Environmental Bankruptcy: An Overview Of Environmental Bankruptcy Law, Including A State's Claims Against The Multinational Polluter, Rick M. Reznicsek
Vanderbilt Journal of Transnational Law
This Note focuses on current environmental bankruptcy law in the United States. It analyzes the claims of a state against a corporate polluter when the corporation discharges a toxic substance in violation of the state's environmental laws, refuses to clean up the waste, and then files bankruptcy in lieu of paying for the cleanup.
This Note analyzes the court decisions subsequent to the United States Supreme Court opinions in Ohio v. Kovacs and Midlantic National Bank v. New Jersey Department of Environmental Protection to evaluate the current status of United States bankruptcy law on the issues of the automatic stay; …
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Vanderbilt Journal of Transnational Law
In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Comparative Overview Of Service Of Process: United States, Japan, And Attempts At International Unity, Chin Kim, Eliseo Z. Sisneros
Vanderbilt Journal of Transnational Law
This Article examines the differing philosophical and legal requirements for service of process in the United States and Japan. Professor Kim and Mr. Sisneros compare service of process laws in the United States, where compliance with the due process clause of the United States Constitution is a fundamental requirement, with service of process laws in Japan, where service of process is an official act of the judiciary. A detailed analysis of valid service of process by a foreign state in Japan follows. The authors then discuss the effect of the Bilateral Consular Convention Between the United States and Japan and …
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
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 …
International Human Rights Law Concerning Women: Case Notes And Comments, Rebecca J. Cook
International Human Rights Law Concerning Women: Case Notes And Comments, Rebecca J. Cook
Vanderbilt Journal of Transnational Law
This Essay addresses the application of international human rights law to women. Most of the cases addressed in this Essay involve alleged discrimination based on sex or marital status. Professor Cook notes that international, regional, and national courts have applied human rights principles to ensure that women's human rights are upheld, although not always to the full extent originally envisioned under the Universal Declaration of Human Rights. To illustrate this point, Professor Cook reviews cases arising under international, regional, and specialized treaties, including the International Covenant on Civil and Political Rights, and the extent to which such discrimination interferes with …
Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey
Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey
Vanderbilt Journal of Transnational Law
This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.
Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
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.
Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim
Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim
Vanderbilt Journal of Transnational Law
The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …
Covert Involvement In Essentially Internal Conflicts: United States Assistance To The Contras Under International Law, Helen Michael
Covert Involvement In Essentially Internal Conflicts: United States Assistance To The Contras Under International Law, Helen Michael
Vanderbilt Journal of Transnational Law
This Article examines whether contemporary international law is equipped to address the recurrent phenomenon of covert involvement by a state in internal conflicts of another state. Ms. Michael analyzes this phenomenon in the context of United States assistance to the Contras in collective self-defense on behalf of El Salvador, and Nicaragua's concomitant support of the Salvadoran Rebels' attempts to overthrow the existing El Salvador Government. Ms. Michael summarizes the extensive history of conflict between the United States and Nicaragua culminating in the contemporary dispute existing between the Reagan Administration and the Sandinista Government. Both the Sandinistas and the Reagan Administration …
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Publications
No abstract provided.
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya
Publications
No abstract provided.
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Chan V. Korean Air Lines, Ltd.: Skirting The Legislative History Of The Warsaw Convention, Ian A. Schwartz
Northwestern Journal of International Law & Business
On September 1, 1983, over the Sea of Japan, a Soviet Union military aircraft destroyed a Korean Air Lines Boeing 747 en route from Kennedy Airport in New York to Seoul, South Korea. All 269 persons on board the plane were killed. The Warsaw Convention ("Convention"), a multilateral treaty governing the international carriage of passengers, baggage, and cargo by air, provides a per passenger damage limitation for personal injury or death. The Convention further provides that passenger tickets must include notice of this limitation, and a private accord among airlines known as the Montreal Agreement ("Agreement") states that this notice …
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
The Controls On The Transfrontier Movement Of Hazardous Waste From Developed To Developing Nations: The Goal Of A "Level Playing Field", Michelle M. Vilcheck
Northwestern Journal of International Law & Business
In the 1970s, the United States Congress began passing national environmental legislation. One reason for such legislation was to "level the playing field" among the fifty states so that economic advantage did not accrue to one state at the expense of environmental quality and public health.' The world now faces a similar need for environmental legislation on an international level. Environmental laws of individual nations have become more and more divergent as developed countries, such as the United States, enact tougher environmental laws, while less developed nations fail to enact any environmental regulations. The variant standards of these environmental laws …
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Worker Rights In The Post-1992 European Communities: What "Social Europe" Means To United States-Based Multinational Employers, Donald C. Jr. Dowling
Northwestern Journal of International Law & Business
The United States media have extensively covered the trade angle of the European Communities [EC] program to create a "single market" by the end of 1992. The media coverage has spotlighted the benefits the EC market will offer multinational corporations, such as the market's "economies of scale" and its 320 million consumer block. By now this 1992 news has sunk in, and many United States corporations are assessing how they might exploit the soon-to-be unified EC market.