Law Commons^™

Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Libya: An Exception To Sovereign Immunity, Brett Tolman

Brigham Young University Prelaw Review

The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization …

Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler

Brigham Young University Prelaw Review

Conflicts steadily rise as multinational enterprises become more widespread throughout the world. As companies expand from their homelands into foreign lands, which do not always have the same economic systems, new laws create greater risks and various conflicts. The lack of clear international law only heightens the conflicts and opinions of those involved. Such is the case of a United States citizen, Milton Bunker Hunt, who owned and operated oil fields located in Libya. The real issue of this case is whether or not Libya was justified in this taking, and this can only be judged by the laws in …

The Bunker Hunt Case, Victor Sipos

Brigham Young University Prelaw Review

In recent decades, US courts have become more responsive to the ever-increasing commercialization of the world and more sensitive to the rights of US investors engaging in international markets. International trade has always posed risks to investors working under different legal systems within separate sovereign nations. The modern US stance on international law provides legal rights to US citizens which didn't exist even a quarter-century ago. The greatest concern of international investment is a foreign sovereign's power to nationalize interests within its boundaries without properly compensating the investor. In 1973, the Libyan extension of Milton Bunker Hunt oil interests encountered …

New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar

Georgia State University Law Review

No abstract provided.

Nationalization And The Bunker Hunt Case, Kim Cluff

Brigham Young University Prelaw Review

The nationalization of foreign-owned companies is a controversial issue that has created considerable tension within the international arena. As a result, international law has had to expand in order to aptly deal with cases involving expropriation. While all countries do not agree on how to settle such questions, international laws have been established that decisively defend various taking actions. The Bunker Hunt Case is a good illustration of how these laws can be applied. This case involves the nationalization of Milton Bunker Hunt's rights to oil interests in Libya. According to the Libyan government, this taking was both legal and …

1993 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life

Table of Contents:

Jacob Burns Feted, page 1

Mediation Clinic Director Negotiates Breakthrough, page 1

New Board Members Elected, page 2

Faculty News, page 2

Dean’s Associates Meet for Breakfast, page 3

Cardozo’s Family of Supporters, page 3

New Cardozo Journal Publishes, page 3

Heyman Symposium Marks 60 Years of Securities Regulation, page 3

Junior High Students Attend ITAP, page 3

In Memoriam, page 3

Second Annual Auction Set, page 4

Mini Diplomas to be Issued, page 4

Cardozo Group Sworn in at U.S. Supreme Court, page 4

Squadron Program Attracts “Stars”, page 4

Message from the Coordinating Committee, page …

Back To The Future: An Address To The Class Of 2042, Alfred C. Aman

Indiana Law Journal

No abstract provided.

International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love

Vanderbilt Journal of Transnational Law

Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.

The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace

By James Michael Zimmerman

New York, New York: Quorum Books, 1992. Pp.206.

===================

Fact-Finding before International Tribunals

Edited by Richard B. Lillich

Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.

===================

International Human Rights Law in the Commonwealth Caribbean

Edited by Angela D. Byre and Bevereley Y. Byfield

Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.

Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie

Dalhousie Law Journal

During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?

International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

J.L. Brierly And The Modernization Of International Law, Carl Landauer

Vanderbilt Journal of Transnational Law

In this Article, the author provides an analysis of a classic of international law, The Law of Nations, by J.L. Brierly. The author describes Brierly as an international legal scholar whose modernization of international law involves an emphasis on fact and complexity, an emphasis that is ultimately little more than a gesture. The author then examines the narrative structure of The Law of Nations and indicates the normative messages disclosed in Brierly's telling of the story of international law. Finally, the author describes Brierly's effort to describe international law as occupying a political realm while Brierly's evolutionary optimism made him …

National Self-Determination And Secession: The Slovak Model, Holly A. Osterland

Case Western Reserve Journal of International Law

No abstract provided.

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck

Journal Articles

Part II of this paper provides an overview of the U.N. Charter's framework for collective security, with a particular focus on the Charter's provision for the. creation, command, and control of U.N. military forces. During the Cold War, this framework fell into desuetude, and U.N. forces that participated in enforcement actions, such as Korea and Iraq, as well as peacekeeping operations, were created in ad hoc fashion outside the Charter's framework. Part III examines this development and considers how the conclusion of an Article 43 agreement might alter the President's authority under international law to pursue U.S. interests while participating …

Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.

Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott

Faculty Articles

The National Command Authority has cited the dissolution of the Soviet Union as cause for the United States Military to expand its role. In addition to its traditional role of fighting wars, the military will take on new nontraditional roles promoting human rights and the rule of law throughout the world. These new military missions will include peacekeeping operations, humanitarian interventions, disaster relief missions, counter-drug activities, and nation-building activities.

As part of this initiative, the United States Judge Advocate General’s Corps (JAGC) provides legal assistance to the militaries of several emerging and struggling democracies. A number of foreign armies and …

Feminism And International Law: A Reply, Fernando R. Tesón

Scholarly Publications

Over the past several years, legal scholars have extended feminist theory to many areas of the law, and legal discourse has been enriched by feminist jurisprudence. Until recently, however, international law had not undergone a sustained feminist critique. This gap is now slowly being filled; a notable contribution to that effort is a recent article by Hilary Charlesworth, Christine Chinkin, and Shelley Wright.

This Essay presents a reply to the Charlesworth-Chinkin-Wright critique. Although much of this reply engages more general issues in feminist theory, it would be impossible, within the scope of this work, to address every important political, cultural, …

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

The Nonproliferation Treaty And The "New World Order", Bryan L. Sutter

Vanderbilt Journal of Transnational Law

The Treaty on the Non-Proliferation of Nuclear Weapons (NPT or Treaty) faces either extinction or extension in 1995, when the NPT signatories will meet to decide its fate. Given the rapid changes in today's nuclear technology and political environment, many states have expressed reservations about extending the Treaty. This Note considers the implications of those reservations as well as arguments favoring extension. This Note reviews the birth of the atomic age and the terms of the NPT and examines the Treaty's strengths and weaknesses. The author concludes that the Treaty should remain in force and suggests strategies for maintaining the …

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

In Memoriam: Professor Dr. Wilhelm A. Kewenig, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

China's Evolving Company Legislation: A Status Report, Preston M. Torbert

Northwestern Journal of International Law & Business

As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …

The Extraterritorial Application Of Antitrust Laws: A Postscript On Hartford Fire Insurance Co. V. California, Roger P. Alford

Journal Articles

Last year in the pages of this journal I published an article comparing the United States and the European Union (E.U.) approaches to the extraterritorial application of antitrust laws. In discussing the U.S. approach, I predicted that "while the jurisdictional rule of reason has its weaknesses, it will remain a lasting fixture on the legal landscape precisely because it represents the only genuine, though inexact, attempt by courts to fashion a jurisdictional test which incorporates the legitimate sovereignty interests of foreign nations." Thus, it was with disappointment that I, along with other proponents of a jurisdictional rule of reason, received …

The Jewish Perspective In International Law, Pnina Lahav

Faculty Scholarship

Let me start with two qualifications.

First, this question: is defining the term "Jewish" essential to an exploration of a Jewish vision of international law? The historian Jacob Talmon recalls an exchange between a Gentile and a Jew:

"I thought you were Jewish," said the Gentile.

"Well," answered the Jew, "by a biological standard I am Jewish, since both of my parents were Jewish, but it is 20 years since I sent a letter of resignation to the Jewish community."

"I see," answered the Gentile, "you mean that Jewishness is like a club."

The anecdote captures the evasive quality of …