International Law Commons^™

Application Of Ilo Conventions To Hong Kong After 1997, Shin-Ichi Ago

Dalhousie Law Journal

On July 1, 1997, Hong Kong will be returned by Britain to China. The date, established by the Sino-British Joint Declaration of 1984' is quickly approaching. The economic and political consequences of repossession by China are certainly of vital importance to the people of Hong Kong but the effect of various international legal obligations after 1997 is also a significant issue. In accordance with the Joint Declaration, a Sino-British Joint Liaison Group was established to address this issue.' It was charged with considering what action should be taken by the British and the Chinese governments to ensure the continued application …

Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis

Scholarly Articles

None available.

International Consequences Of Norway's Decision To Allow The Resumption Of Limited Commercial Whaling, Dylan A. Macleod

Dalhousie Law Journal

In May 1993, Norway announced that it intended to resume limited, controlled commercial whaling. Although the International Whaling Commission (of which Norway is a founding member) voted by an eighteen to six margin to uphold the moratorium on commercial whaling originally established in 1985-86, Norway's decision to resume limited commercial whaling was not illegal. Norway had legally "opted out" of the moratorium by way of the Objections Procedure contained in the International Whaling Convention. Beyond being legal, Norway's decision to resume small-scale harvesting of minke whale stocks was in accordance with the findings of the Scientific Committee of the IWC, …

Peace Vs. Accountability In Bosnia, Anthony D'Amato

Faculty Working Papers

Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen

Vanderbilt Journal of Transnational Law

The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …

Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …

Default Breakdown: The Vienna Convention On The Law Of Treaties' Inadequate Framework On Reservations, Daniel N. Hylton

Vanderbilt Journal of Transnational Law

The 1969 Vienna Convention on the Law of Treaties attempted to give some order to the confusion that was treaty law after World War II. One treaty issue that was particularly in need of codification was the law governing reservations to treaties. With the growing number of participants in the international community making universal agreement more difficult, the frequency of reservations, as a vehicle for circumscribing disagreements in treaty negotiations, increased. However, most practices regarding reservations severely limited the ability of states to make reservations successfully. To remedy that problem, the Vienna Convention adopted a flexible approach to treaty reservations, …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

Striking A Difficult Balance: Combatting The Threat Of Neo-Nazismin Germany While Preserving Individual Liberties, David E. Weiss

Vanderbilt Journal of Transnational Law

Through violence, intolerance, and fascism, neo-Nazis threaten the political and social structure of Germany's democratic state. As the neo-Nazi movement continues to grow throughout Germany, the German government faces the difficult challenge of quelling the neo-Nazis. By invoking the laws enacted to prevent the resurgence of Nazism, the government has infringed upon basic individual liberties such as freedom of expression and association. This Note discusses the various devices implemented by both Germany and the international community to combat neo-Nazis, and the effects these measures have had on the neo-Nazis themselves. This Note concludes that in attempting to strike an appropriate …

International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón

Scholarly Publications

What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

Non-Proliferation, Self-Defense, And The Korean Crisis, Mark E. Newcomb

Vanderbilt Journal of Transnational Law

The United Nations, the United States, and other interested governments have sought to minimize the proliferation of nuclear weapons. North Korea's apparent attempts to begin production of nuclear materials clearly undermine the goal of non-proliferation. Moreover, the introduction of nuclear weapons onto the Korean peninsula, a site of continued political and military tension, has added a threat of potential nuclear conflict. This Article investigates the history of the Korean crisis and places North Korea's attempt to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons in the context of the international non-proliferation regime and policy. The author then examines …

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney

Seattle University Law Review

This Comment argues that the Declaration of Principles falls short of establishing a state of Palestine during the interim period provided for in the Declaration. However, this Comment presents the possibility that a state of Palestine will be established after the interim period. If a state of Palestine is established, it will have an effect on current United States law regarding Palestine and the PLO's sovereign immunity and standing to sue. The Declaration of Principles presents an opportunity to reevaluate the traditional view of Palestine. This Comment examines the Israeli-PLO Declaration of Principles and its effect on the changing legal …

The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts

Faculty Publications

A recent University of Toledo Law Review article concerning the legal issues
dealt with in the television series Star Trek: The Next Generation (STNG)
became an overnight national sensation. Given that, during its seven seasons of
first-run episodes; STNG had been the most popular syndicated series on
American television, it is perhaps not surprising that the article should engender
so much public attention. The article, written by law professors Paul Joseph and Sharon Carton of Nova Southeastern University Law School, was not intended as however. Rather, it was a serious examination of the way STNG United Federation of Planets dealt …

The Relationship Between International Law And Municipal Law In Light Of The Constitution Of The Republic Of Namibia, D.J. Devine

Case Western Reserve Journal of International Law

No abstract provided.