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Articles 1 - 11 of 11
Full-Text Articles in Law
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Extradition And The Political Offense Exception In The Suppression Of Terrorism, Antje C. Petersen
Indiana Law Journal
No abstract provided.
The Age Of Rights, Stephen D. Sencer
The Age Of Rights, Stephen D. Sencer
Michigan Law Review
A Review of The Age of Rights by Louis Henkin
Analysis Of Iran-Iraq Bilateral Border Treaties, Joseph J. Cusimano
Analysis Of Iran-Iraq Bilateral Border Treaties, Joseph J. Cusimano
Case Western Reserve Journal of International Law
No abstract provided.
International Service Of Process By Mail Under The Hague Service Convention, L. Andrew Cooper
International Service Of Process By Mail Under The Hague Service Convention, L. Andrew Cooper
Michigan Journal of International Law
This Note addresses the article 10(a) controversy and argues that the provision should be interpreted as not authorizing service by mail. Part I establishes that application of the Convention is mandatory, and that it supersedes inconsistent methods of service authorized by federal or state law. Part I then discusses the proper methods of interpreting international treaties. Part II applies these methods of treaty interpretation to the article 10(a) controversy, and argues that the article does not authorize service by mail. Part III addresses other considerations for courts and practitioners, including the availability of mail service under article 19 whenever mail …
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Publications
No abstract provided.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Article 51: Limits On Self-Defense?, Thomas K. Plofchan Jr.
Michigan Journal of International Law
This article's two-pronged analysis has three distinct parts. Part I lays out the controversy of Article 51 interpretation as applied to the recent Gulf Crisis. Part II examines the legal guidance for interpreting the U.N. Charter, the Charter's travaux preparatoires, and specifically the work of the committees and subcommittees responsible for drafting and amending articles that fully incorporate the right of self-defense into the Charter. This Part develops conclusions on Article 51 that may be applied to the context of the recent Gulf Crisis. This Part also contrasts the Article 51 right of collective self-defense with the right of …
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
International Regulation And Control Of The Production And Use Of Chemicals And Pesticides: Perspectives For A Convention, Hans-Wolfgang Micklitz
Michigan Journal of International Law
A wide variety of instruments and mechanisms for the regulation and control of chemicals and pesticides is already available internationally. What is missing is an analysis that attempts to systematize the different approaches, to create transparency, to define where they overlap, and to discover prospective deficiencies and shortcomings. In order to accomplish this task, this article covers legally binding rules as well as recommendations and codes - the international soft law. The overall purpose is to outline a framework for future international regulation of chemicals and pesticides and to propose an international convention as a possible solution.
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
Michigan Journal of International Law
This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …
A True Comprehensive Approach, Lakshman Guruswamy
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …