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Full-Text Articles in Law

Iran-United States Claims Tribunal, Gunnar Lagergren Oct 1990

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.


Open Skies: The 1955 Proposal And Its Current Revival, Jane Boulden Oct 1990

Open Skies: The 1955 Proposal And Its Current Revival, Jane Boulden

Dalhousie Law Journal

On 21 July 1955, at a four-power summit conference involving France, Great Britain, the United States, and the Soviet Union, President Eisenhower put forward a proposal calling upon the Soviet Union to engage in an exchange of military blueprints with the United States and to accept a system of mutual, unlimited aerial reconnaissance of each others' territory. Dubbed Open Skies, the proposal was intended to test the seriousness of the Soviet Union with respect to disarmament negotiations. It was also intended, if successful, to pull back the veil of secrecy surrounding the Soviet Union and its military activities.


Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron Jul 1990

Cross Cultural Reflections: Teaching The Charter To Americans, Jamie Cameron

Osgoode Hall Law Journal

In this article, the author discusses a course in Comparative Constitutional Jurisprudence that she taught at Cornell Law School in the winter semester of 1989. She is particularly interested in the way this class of American students responded to the Supreme Court of Canada's interpretation of the Charter. She presents her reflections on differences between Canadian and American constitutional culture through a discussion of the decisions in The Motor Vehicle Reference, R. v. Morgentaler, and The French Language Case.


Classical Republicanism And The American Revolution, Gordon S. Wood Apr 1990

Classical Republicanism And The American Revolution, Gordon S. Wood

Chicago-Kent Law Review

In his Classical Republicanism and the American Revolution, Professor Wood outlines the evolution of republicanism from antiquity to the eighteenth century and notes the ensuing evolution of American politics away from even this late republicanism.


Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 Jan 1990

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 …


Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson Jan 1990

Using The Constitution: Separation Of Powers And Damages For Constitutional Violations, James A. Thomson

Touro Law Review

No abstract provided.