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Articles 1 - 30 of 57
Full-Text Articles in Law
Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman
Canada-United States Cooperative Approaches To Shared Marine Fishery Resources: Territorial Subversion?, Ted L. Mcdorman
Michigan Journal of International Law
This Essay will focus on how Canada and the United States have both succeeded and failed in adopting cooperative approaches to managing ocean fishery resources. A critical factor that has influenced these efforts is the introduction of an international legal construct dictating that States have exclusive sovereign rights respecting all marine living resources within 200 nautical miles of their shores. Cooperative approaches to managing transboundary marine living resources between Canada and the United States are necessary for two reasons. First, in the case of marine living resources, the resource pays scant attention to human-constructed national boundaries. Put another way, marine …
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Assemblage-Oriented Ocean Resource Management: How The Marine Environment Washes Over Traditional Territorial Lines, John A. Duff
Michigan Journal of International Law
This Essay assesses challenges that arise when marine territorial boundaries do not encompass the appropriate assemblage of resources and relationships necessary for effective authority and management. It reviews the manner in which certain offshore resource uses have been "quasi-territorialized" by the application of other forms of jurisdiction. It also highlights regime-jurisdiction-private interest-oriented responses to territory-oriented challenges in the form of assemblages of authority, interests, space, and time. Given the scalar progression of the links in the discussion, the assessment moves from international principles to exercises of national sovereignty to domestic administration of space and resources to private legal interests.
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Michigan Journal of International Law
This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
An Empirically Based Comparison Of American And European Regulatory Approaches To Police Investigation, Christopher Slobogin
Michigan Journal of International Law
This article takes a comparative and empirical look at two of the most significant methods of police investigation: searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe. It then discusses research on the American system that sheds light on the relative advantages and disadvantages of the two regulatory regimes.
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Extraditing Israeli Citizens To The United States- Extradition And Citizenship Dilemmas, Yaffa Zilbershats
Michigan Journal of International Law
This article will address the problems of extraditing Israeli citizens to the United States from both a normative and substantive perspective. The analysis will lead to a conclusion that the United States and Israel should adopt an amendment to the United States-Israel extradition treaty based on the new provision of the Israeli law regarding the extradition of its citizens. This analysis will also support general conclusions regarding the definitions of extradition and citizenship.
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Cooperation, Conflict, Or Coercion: Using Empirical Evidence To Assess Labor-Management Cooperation, Ellen J. Dannin
Michigan Journal of International Law
Since the 1980s there has been strong interest in labor-management cooperation. That interest was reflected even in government attention, for example, through projects by the U.S. Department of Labor's Bureau of Labor-Management Cooperation. Under the leadership of Undersecretary Stephen Schlossberg, the Bureau's "Laws Project" examined the impact of labor law on labor-management cooperation. The Dunlop Commission issued a report strongly in favor of labor-management cooperation, and National Labor Relations Board (NLRB) Chair William B. Gould has spoken favorably of it. More recently, the government issued a report on state and local initiatives in this area.
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Caught Between Rocks And Hard Places: The Plight Of Reinsurance Intermediaries Under U.S. And English Law, Stephen W. Schwab, Peter G. Gallanis, David E. Mendelsohn, Bradley V. Ritter
Michigan Journal of International Law
Accordingly, Part I of this article provides a review of the role intermediaries have played in the recent spate of insurance company insolvencies and an overview of intermediary rights and duties. Part II then progresses to a discussion of English intermediary law, analyzing how the general English rules apply to intermediaries when a cedent or reinsurer becomes insolvent. Part III addresses the same issues under U.S. law, tracing the most recent statutory developments from their cause and considering their effect on reinsurance transactions. This article concludes with a discussion of how English and U.S. law interact in reinsurance transactions, pointing …
Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió
Presidential Systems In Stress: Emergency Powers In Argentina And The United States, William C. Banks, Alejandro D. Carrió
Michigan Journal of International Law
This article offers three comparative insights. First, it concludes that comparative inquiries into presidential systems may be useful for those interested in constitutional government, regardless of historical, cultural, or other contextual differences among nations. Thus, nations with presidentialist constitutional systems may have common problems because of the institutional presidency. The article maintains that our presidential systems are in such states of disrepair that a fundamental reinvigoration of the legislative and judicial branches is required, so that government may better serve important constitutional values in our nations.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.
Michigan Journal of International Law
This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth
Michigan Journal of International Law
Review of the book edited by Martin Führ and Gerhard Roller.
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
"We Are The People": Alien Suffrage In German And American Perspective, Gerald L. Neuman
Michigan Journal of International Law
This article will explore the constitutional debate over alien suffrage in the FRG, both for its own interest and in order to compare it with understandings of alien suffrage in the United States. As the interdependence of national economies deepens and regional "common market" arrangements multiply, more nations (including the United States) may be called upon to rethink the question of alien suffrage. The thoroughness and the explicitness with which the German legal community has debated this issue has brought to the surface arguments and assumptions that remain latent in U.S. commentary on the political status of aliens. Thus, the …
Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic
Michigan Journal of International Law
This article will review the major German laws affecting women in the workplace, including clarification of the rationales of the German Bundestag (parliament). Comparative remarks regarding U.S. law and an analysis of Johnson Controls will place the two bodies of law in juxtaposition. Finally, an explanatory historical overview will allow the reader to draw his or her own conclusions as to the preferred view of the legal status of the working woman.
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
U.S.-Thailand Trade Disputes: Applying Section 301 To Cigarettes And Itellectual Property, Ted L. Mcdorman
Michigan Journal of International Law
Irrespective of the close economic and strategic relationship between Thailand and the United States, the United States has utilized Section 301 (and Special 301), and the consequent threat of trade retaliation, in its relations with the Land of Smiles. The purpose of this article is to examine the operation of Section 301 and Special 301 regarding trade in cigarettes and intellectual property.
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 …
The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon
The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon
Michigan Journal of International Law
Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Can Antidumping Law Apply To Trade In Services?, Hideaki Kubo
Michigan Journal of International Law
In this paper, the author will investigate whether current U.S. antidumping law can apply to trade in services. Because service industries vary significantly in nature, the author takes an industry-specific approach, selecting three service industries - insurance, banking, and construction - and discussing possible problems in applying the U.S. antidumping law to these industries.
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Michigan Journal of International Law
Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
Michigan Journal of International Law
On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
Michigan Journal of International Law
For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
Michigan Journal of International Law
A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
Michigan Journal of International Law
As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Michigan Journal of International Law
This article examines the legal and policy perspectives of U.S. trade initiatives toward the ROC in the last decade and their impact on economic liberalization in Taiwan. Part I sets forth the basic legal, policy and structural framework of this bilateral trade relationship. Part II is a sectoral retrospect of the major bilateral trade issues dealt with in the last decade. Part III presents an analysis of the' recent efforts of the ROC to liberalize its trading system and economy, the primary issues and prospects of such liberalization, and their causal relations with American trade initiatives toward Taiwan. Part IV …
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.
Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms
Human Rights V. Extradition: The Soering Case, Stephan Breitenmoser, Gunter E. Wilms
Michigan Journal of International Law
The European Convention for the Protection of Human Rights and Fundamental Freedoms is widely regarded as the most dynamic and effective of the various international human rights instruments. Its impact on the judiciary of the twenty-three Western European Member States, as well as its pace-setting role for other international mechanisms for the protection of human rights, has recently been confirmed by the unanimous judgment of the European Court of Human Rights in Soering v. United Kingdom. In its judgment delivered on July 7, 1989, the Court held that the United Kingdom would act in violation of article 3 of …
Legal Remedies And The United Nations' À La Carte Problem, Jose E. Alvarez
Legal Remedies And The United Nations' À La Carte Problem, Jose E. Alvarez
Michigan Journal of International Law
This article reexamines recent U.S. withholdings of its assessed regular contributions to the UN, as well as the premises and assumptions underlying the theory that a UN member may legally and unilaterally withhold payments for ultra vires acts by the organization. The issue is of considerable consequence since, despite recent rhetoric, the number of members financially supporting the UN through timely payments of regular contributions number only about half the membership, payments. These practices undermine the basic doctrine of "collective financial responsibility" and threaten the survival of international organizations. Reexamination is timely since the lessening of ideological divisions at the …
The Structural Impediments Initiative: An Example Of Bilateral Trade Negotiation, Mitsuo Matsushita
The Structural Impediments Initiative: An Example Of Bilateral Trade Negotiation, Mitsuo Matsushita
Michigan Journal of International Law
In June 1990, the governments of the United States and Japan concluded the Structural Impediments Initiative ("SII"), a series of bilateral trade negotiations. The SII came about as a result of a large trade imbalance between the two countries in favor of Japan, which, despite many efforts, the United States and Japan had been unable to reduce. It was the U.S. government's perception that the real cause of the trade imbalance was not Japan's protective border measures in the form of tariffs or quantitative restrictions, such as import quotas on agricultural and leather products, but rather the oligopolistic industrial sector …
Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse
Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse
Michigan Journal of International Law
The Structural Impediments Initiative ("SII") discussions, the first stage of which concluded with a report on June 28 of last year, have been heralded as a new departure in international economic relations. Instead of talking about the removal of barriers at national borders, the United States and Japan have been discussing the relationship between international trade, international payments balances and domestic economic institutions. Trade negotiators have been exploring whether the harmonization of domestic economic institutions can allow for more intimate as well as more balanced economic relations between the United States and Japan. Concern with the international harmonization of institutions …