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The International Law Commission’S Draft Articles On The Law Of International Watercourses: Principles And Planned Measures, Charles B. Bourne

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

52 pages.

Contains 6 pages of footnotes.

Observations On The International Law Commission’S Draft Rules On The Non-Navigational Uses Of International Watercourses: “Management And Domestic Remedies", Sergei V. Vinogradov

The Law of International Watercourses: The United Nations International Law Commission's Draft Rules on the Non-Navigational Uses of International Watercourses (October 18)

46 pages.

Contains 11 pages of endnotes.

The Flying Dutchman Dichotomy: The International Right To Leave V. The Sovereign Right To Exclude, Suzanne Mcgrath Dale

Penn State International Law Review (1982 - 2011)

Traditional international law rules that people must be free to move about the world without undue hindrance, coming and going with reasonable freedom. At the same time, the concept of the sovereign nation includes a right to say who will enter the nation's borders, who will be barred. These two principles are at odds with each other: who is to say that because one may travel freely, any given nation must allow that person to enter? It is conceivable that no nation may allow the traveller to enter. There is no law or right which dictates that every traveller must …

The European Court Of Justice And The Scope Of Workers' Freedom Of Movement In The European Economic Community, David Stoelting

American University International Law Review

No abstract provided.

American Annexation Of Hawaii: An Example Of The Unequal Treaty Doctrine, Bradford W. Morse, Kazi A. Hamid

Connecticut Journal of International Law

It hardly requires stating that human society is still suffering from the consequences of colonial rule throughout which more powerful nations dominated weaker ones with an intention to either rule temporarily or permanently. Political domination is not the only element that is prevalent in colonization; it often also involves the imposition of social values and thoughts on the colonized people.

Historical experience generally reveals that this form of colonization has occurred primarily either in the name of trade (e.g., the British experience in North America or the Indian sub-continent, the latter of which was initially started between the Emperor of …

Banking Integration In The European Economic Community: Impact On The Eurodollar Market, Robert Lantz

Global Business & Development Law Journal

No abstract provided.

Defamation Via Modern Communication: Can Countries Preserve Their Traditional Policies?, Kimberly Richards

Global Business & Development Law Journal

No abstract provided.

Trade Unions And War: The Right To Organize Under Belligerent Occupation, John Quigley

UC Law SF International Law Review

The right to organize trade unions is widely recognized as essential to the well being of workers. This right is protected as a human right by the customary law of nations. When a country is occupied in wartime, its trade unions may be regarded with suspicion by the occupying power which may view them as providing a cover for anti-occupation activity. Nonetheless, the right of trade unions to function is not abrogated by the fact of belligerent occupation. An occupant must permit trade unions to carry out their activities.

The Electronic Communications And Privacy Act: Discriminatory Treatment For Similar Technology, Cutting The Cord Of Privacy, 23 J. Marshall L. Rev. 661 (1990), Timothy R. Rabel

UIC Law Review

No abstract provided.

The Community Charter Of The Fundamental Social Rights Of Workers, George M. Kraw

UC Law SF International Law Review

On October 30, 1989, the European Community adopted the Community Charter of the Fundamental Social Rights of Workers. This Charter sets social standards which the Community, its Member States, and its businesses must maintain. The Charter protects all Community workers, benefits all its citizens, and is likely to have a political impact far beyond the Community's borders. This Article describes the Charter in detail and analyzes it in the context of current world events. The author calls for the recognition of the basic social protections embodied in the Charter as fundamental rights which should be guaranteed to all human beings.

The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie

Penn State International Law Review (1982 - 2011)

This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …

Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel

Fordham International Law Journal

This Note argues that the INS may obtain custody over aliens for habeas corpus purposes by filing detainers with their respective prisons. Part I traces the history of habeas corpus and the expanding meaning that U.S. courts have given the term “custody.” Part I also illustrates the difficulty of defining a detainer for custodial purposes. Part II sets forth the approaches that courts use to determine the custodial effects of INS detainers. Part III submits that courts should review the intent behind the filing of an INS detainer to ascertain properly a detainer's custodial effect. This Note concludes that a …

The First Amendment And The International "Free Flow" Of Information, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Association For Civil Rights V. Central District Commander, Meir Shamgar, Menachem Elon, Shulamit Wallenstein

Translated Opinions

Regulation 119 of the Defence (Emergency) Regulations 1945 authorizes a Military Commander to order the forfeiture and destruction or sealing of any house from which gun fire has issued or explosive or incendiary material was thrown unlawfully, and of any house in an area or village residents of which violated the Emergency Regulations involving violence or intimidation. These regulations, including the said Regulation 119, were promulgated by the British Mandate during the period of its rule in Palestine.

Regulation 119 continues to be in force in Israel by virtue of section 11 of the Law and Administration Ordinance enacted by …

Blood On North American Soil: A Comparison Of United States And Canadian Infectious Waste Disposal Regulations, Scott B. Goldie

Syracuse Journal of International Law and Commerce

It is the intent of this note to show that the United States federal government has failed to establish a clear national definition and standard for the handling of infectious waste, and that that failure is responsible for the confusion among state infectious waste policies. The federal approach taken by the United States will be compared with that of the Canadians, and both will be examined to determine the impact each has had on its nation, and the support each has given its state or provincial governments. By making these comparisons, this note will show the importance of a clear …

Restraining The Unruly Horse: The Use Of Public Policy In Arbitration, Interstate And International Conflict Of Laws In California, Kojo Yelpaala

Global Business & Development Law Journal

No abstract provided.

The Effect Of The United States-Japan Treaty Of Friendship, Commerce And Navigation On Japanese Investment In United States Real Estate, Gita Khadiri

American University International Law Review

No abstract provided.

Recent Developments: The European Convention For The Prevention Of Torture And Inhuman Or Degrading Treatment Or Punishment, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Hamiltonian Paradigm And The International Securities Market: Reversing American Industry's Relative Decline In The Twenty-First Century, Bernard M. Rethore

Penn State International Law Review (1982 - 2011)

This article discusses the eighteenth century understanding of the subtle equilibrium between polity, economy, and government; the deleterious effect of the laissez-faire heterodoxy that entrenched itself during the nineteenth century; and, the adverse reaction that occurred in the twentieth century. In turn, this article shifts its inquiry toward the internationalization of world financial markets as a guide for how United States industry can reclaim its patrimony: by encouraging a re-adoption of the eighteenth century model of the proper balance between government and commerce. Finally, using the example provided by the move toward an international financial market, this article concludes that …

Free Speech And The Right Of Entry Into The United States: Legislation To Remedy The Ideological Exclusion Provisions Of The Immigration And Nationality Act, Alexander Wohl

American University International Law Review

No abstract provided.

Shifting Sands--A Comparison Of English And American Coastal Zone Management Programs, Roberta Lee Jones

UC Law SF International Law Review

The United States and England have each instituted government programs designed to protect coastal resources, but the two programs differ in scope and substance. The United States enacted federal legislation that helped individual coastal states establish and fund coastal programs. By contrast, the Parliament has enacted few meaningful coastal zone management programs and has instead relied on participation from private conservation organizations and local governments to manage and protect coastal resources. This Note compares the coastal zone management programs of England and the United States and proposes improvements for each program.

The United Kingdom's Obligation To Balance Human Rights And Its Anti-Terrorism Legislation: The Case Of Brogan And Others, Patricia M. Roche

Fordham International Law Journal

The Note argues that the UK must modify its extrajudicial detention legislation in order to comply with the prompt appearance requirement of Article 5(3) of the European Convention. It analyzes the history of the conflict between Northern Ireland the the UK leading to the implementation of the extrajudicial powers of arrest and detention and the Court's decision in the Case of Brogan and Others. The Note further argues that the eventual permanent derogation which the UK employs is untenable under the EC and recommends judicial reinterpretation.

The Sizewell B Inquiry: An Approach To Environmental Impact Assessment, Michael Purdue

Connecticut Journal of International Law

The procedure known as a public inquiry is not peculiar to Britain;' other states have similar mechanisms that serve analogous purposes. However, the British version is unique in its blend of procedures and functions. In Britain, traditional legal trial techniques have been adapted to what is essentially a policy-advice function. The standard public inquiry now is a court-like hearing at which the parties have the opportunity to present evidence and to argue on the merits of proposed administrative decisions. The inspector, who is appointed to hold the inquiry, does not make the decision but rather makes findings and conclusions on …

Implementation Of The Ec Directive On Environmental Impact Assessment, Malcolm Grant

Connecticut Journal of International Law

After several years of consultation and negotiation, the European Community adopted its final directive [EC Directive] on environmental assessment in 1985.1 Member States were given until July 3, 1988, to adapt their own legislation or procedures to the requirements of the EC Directive. The introduction of formalized environmental assessment into British law promises to be a significant event. Successive British Governments have resisted attempts to introduce legislation modelled on the United States National Environmental Policy Act of 1969 [NEPA]2 for years. The governments have argued that the sophisticated system for scrutinizing planning applications and the comprehensive system of planning control …

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Journal Articles

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …

Legal Text And Lawyers’ Culture In South Africa, Stephen Ellmann

Articles & Chapters

No abstract provided.

Advocacy For Aids Victims: An International Law Approach, Robert M. Jarvis

University of Miami Inter-American Law Review

No abstract provided.

The Paradox Of A Revolutionary Constitution: A Reading Of The Nicaraguan Constitution, Christopher P. Barton

UC Law SF International Law Review

Nicaragua has recently adopted its first constitution since the 1979 Sandinista Revolution. The Constitution tries to institutionalize and legitimate the power of the FSLN and the Revolution itself within the framework of a basically westernstyle constitution. This Article examines the text of the Nicaraguan Constitution to explore the political philosophy underlying constitutionalism in Nicaragua, with particular attention to the place of the Party and the Revolution in the Constitution. The Article considers tensions in the Constitutional text between legitimating the power of the FSLN and creating institutions that limit that same power. Finally, the Article considers the idea, stated in …

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review (1982 - 2011)

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review (1982 - 2011)

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.