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Full-Text Articles in Human Rights Law
Human Rights In The World Court, Stephen M. Schwebel
Human Rights In The World Court, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
In this Article, Judge Schwebel reviews the cases of the International Court of Justice and its predecessor, the Permanent Court of International Justice, that have substantial human rights implications. He observes that, while the World Court is not a human rights court in the contemporary sense of that term, since standing in contentious cases is limited to States, it nevertheless has constructively dealt with a number of important issues of human rights, as in its early holding that individuals may be the direct beneficiaries of treaty rights.
The Court has played a notable role in promoting the protection of human …
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny
Vanderbilt Journal of Transnational Law
This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.
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 …
The Legal Implications Of The Refugee Crisis, R. K.L. Panjabi
The Legal Implications Of The Refugee Crisis, R. K.L. Panjabi
Vanderbilt Journal of Transnational Law
CLOSING THE DOORS: THE FAILURE OF REFUGEE PROTECTION By David Matas with Ilana Simon Toronto: Summerhill Press 1989
David Matas is a Canadian lawyer who has served on a Task Force on Immigration Practices and Procedures, has participated in the Canadian Council for Refugees, and has spoken publicly on the refugee crisis. He has written a critical, provocative analysis of the response of the Western world to the refugee problem, with emphasis on the policies of the present Government of Canada. His aim is to expose the injustices of the legislative and procedural systems for refugees in Canada. He writes …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
THE JURIDICAL BAY
By Gayl S. Westerman
New York: Oxford University Press, 1987. Pp. xii, 290. $39.95
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HELSINKI, HUMAN RIGHTS AND EUROPEAN SECURITY: ANALYSIS AND DOCUMENTATION
By Vojtech Mastney
Durham, North Carolina: Duke University Press, 1986. Pp. xxxv, 389. $49.50 hard cover, $18.95 soft cover
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NEITHER CONFIRM NOR DENY
By Stuart McMillan
Westport, Connecticut: Greenwood Press, 1987. Pp. viii, 177
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INTERNATIONAL LAW OF TAKEOVERS AND MERGERS: THE EEC, NORTHERN EUROPE, AND SCANDINAVIA
By H. Leigh Ffrench
Westport, Connecticut: Greenwood Press, 1986. Pp. viii, 390
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INTERNATIONAL LAW: PROCESS AND PROSPECT
By Anthony D'Amato
Dobbs Ferry, New York: …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
The Utilization of Nuclear Energy and International Law By Vanda Lamm Atlantic Highlands, New Jersey: Humanities Press International, Inc. 1984 Pp. 151. $29.95
War, Foreign Affairs, and Constitutional Power By Henry Bartholomew Cox Cambridge, Massachusetts: Ballinger,1984. Pp. xx, 331 $35.00
Guidelines For International Election Observing Prepared by Larry Garber Washington, D.C.: The International Human Rights Law Group, 1984. Pp. iii, 90. $7.95
International Codes and Multinational Business: Setting Guidelines for International Business Operations By John M. Kline Westport, Connecticut: Qurom Books, 1985Pp. vi, 184. $35.00
Public Enterprises in Mixed Economies: Some Macroeconomic Aspects By Robert H. Floyd, Clive …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Japan's Reshaping of American Labor Law By William B. Gould Cambridge, Massachusetts: The MIT Press, 1984. Pp.xii, 166. $19.95.
World Economic Outlook By The Staff of the International Monetary Fund Washington, D.C.: International Monetary Fund,1984. Pp. ix, 162. $15.00.
Recent Multilateral Debt Restructurings With Official and Bank Creditors By E. Brau and R.C. Williams Washington, D.C.: International Monetary Fund, 1983. Pp. vii, 28. $5.00.
The Fund, Commercial Banks, and Member Countries By Paul Mentre Washington, D.C.: International Monetary Fund, 1984. Pp. v, 35. $5.00.
International Law and the New States of Africa By Yilma Makonnen New York: Unipub, 1983. Pp. …
Book Received, Law Library Staff
Book Received, Law Library Staff
Vanderbilt Journal of Transnational Law
Books Received
Aspects of the International Banking Safety Net
By G.G. Johnson, with Richard K. Abrams
Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00
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The Soviet Viewpoint
By Georgi Arbatov and Willem Oltmans
New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95
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The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations
By Phillip I. Blumberg
Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00
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Iraq & Iran: Roots of Conflict
By Tareq Y. Ismael
Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii
Vanderbilt Journal of Transnational Law
Book Reviews
Human Rights: International Petition System
Binders 1 and 2
Maxine E. Tardu
Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.
Reviewed by Howard D.Coleman
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The International Law and Policy of Human Welfare
Edited by R. St. John Macdonald, D.M. Johnston and L. Morris
The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.
Reviewed by Clark C. Siewert
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Deep Sea Mining
Judith T. Kildow, Editor
Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.
Reviewed by John T. Smith II
The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze
The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze
Vanderbilt Journal of Transnational Law
It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …
The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick
The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick
Vanderbilt Journal of Transnational Law
It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …
To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy
To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy
Vanderbilt Journal of Transnational Law
This article will describe and evaluate the Egyptian-Israeli Peace Treaty, and set it in historical and contemporary perspective in order to highlight some of the primary problems facing decision-makers in their deliberations on approaches to resolve the Arab-Israeli conflict in the Middle East. The article will then consider alternative courses of action available to the world community in light of principles of the United Nations Charter and of other sources of public international law and justice, political feasibility and the perceived interests of all parties to the conflict. Lastly, it will suggest new approaches to the problem, with a view …
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger
Vanderbilt Journal of Transnational Law
The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …
Books Received, C. C. S.
Books Received, C. C. S.
Vanderbilt Journal of Transnational Law
APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.
COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.
CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.
DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.
ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.
THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
Vanderbilt Journal of Transnational Law
Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?
The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman
Vanderbilt Journal of Transnational Law
Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …
Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade
Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade
Vanderbilt Journal of Transnational Law
Notwithstanding the anomaly of the procedural requirement that local remedies available in the respondent state must be exhausted before there can be diplomatic intervention on behalf of a national, there can be no doubt that the rule serves some very useful purposes and has become generally accepted. This is demonstrated by the significant role the rule now plays in the resolution of issues before the European Commission of Human Rights. Because the rule is often discussed in the context of a complaint of denial of justice, considerable difficulties may be encountered in determining when the rule should be complied with. …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
THE ARAB OIL WEAPON
By Jordan J. Paust & Albert P. Blaustein
Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.
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ARBITRATION IN SWEDEN
Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.
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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES
A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.
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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS
By Victor H. Li
Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.
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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …
Political Prisoners: The Law And Politics Of Protection, David P. Forsythe
Political Prisoners: The Law And Politics Of Protection, David P. Forsythe
Vanderbilt Journal of Transnational Law
In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Chile: The Balanced View
Edited by Francisco Orrego Vicuna
Santiago: The University of Chile, 1975. Pp. 298.
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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok
Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.
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Crimes against Internationally Protected Persons: Prevention and Punishment
By Louis M. Bloomfield & Gerald F. Fitzgerald.
New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.
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Criminal Justice in Eighteenth Century Mexico
By Colin M. MacLachlan
Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.
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EEC Anti-Trust Law--Principles and Practice
By D. Barounos, …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
Books Received
AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan
North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.
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BASIC PROBLEMS OF THE EUROPEAN COMMUNITY
Edited by P.D. Dagtoglou
Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.
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BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975
By Elisabeth Owens & Gretchen Hovemeyer
Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.
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THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY
Edited by Francis 0. Wilcox and Richard A. Frank
New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.
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Book Notes, C. H. H., K. D. K.
Book Notes, C. H. H., K. D. K.
Vanderbilt Journal of Transnational Law
Until the Nuremburg Tribunal, international thought concerning human rights conformed to the idea that the guarantor of these rights was the national sovereign. With the birth of the United Nations and the Universal Declaration of Human Rights, the need for international guarantees of human rights within a state was formally recognized; that individuals have certain inalienable human rights is a proposition which few nations will dispute today. Furthermore, despite wide ideological differences, most states have found it possible to agree on the scope and consequences of man's fundamental freedoms.
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW
By Robert S. Rivkin
New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.
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HUMAN RIGHTS AND INTERNATIONAL ACTION
By Ernst B. Haas
Stanford, California: Stanford University Press, 1970.Pp. vii, 184.
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INDIRECT TAXATION IN DEVELOPING COUNTRIES
By John F. Due
Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.
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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM
By David M. Leive
Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.
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THE WINDS OF FREEDOM
By Dean Rusk …
United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke
United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke
Vanderbilt Journal of Transnational Law
The past two decades of international legal history have been characterized by an increased emphasis upon the importance of the individual as a proper subject of international law. Revolutionary changes have occurred in the area of human rights with the completion of various declarations, covenants, and conventions aimed at the preservation of specific rights within a framework of international law. The continuing importance and relevance of this general subject was symbolized by the designation of 1968 as the International Year for Human Rights in honor of the twentieth anniversary of the Universal Declaration of Human Rights.
This paper examines the …