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Basic Concepts In And Temporal And Territorial Limits On The Applicability Of The Penal Law Of Japan, Shigemitsu Dando

NYLS Journal of International and Comparative Law

Translated by B.J. GEORGE, JR

The Draft Basic Law Of The Hong Kong Special Administrative Region Of The People's Republic Of China For Solicitation Of Opinions, Hong Kong Sar

Case Western Reserve Journal of International Law

No abstract provided.

The Constitutional Protection Of Freedom Of Religion, Expression, And Association In Canada And The United States: A Comparative Analysis, Robert A. Sedler

Case Western Reserve Journal of International Law

No abstract provided.

German Occupational Safety And Health Regulation From An American Perspective, Kenneth S. Kilimnik

Penn State International Law Review (1982 - 2011)

This article presents an inquiry into German occupational safety and health standards as compared to their United States counterpart, the Occupational Safety and Health Act. After an examination of the regulatory framework, standard-setting procedures~ and enforcement procedures of both countries, the author offers realistic recommendations, based on the best of both countries' safety and health provisions.

The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence, Howard Charles Yourow

Connecticut Journal of International Law

Adherence to the European Human Rights Convention' has created a hierarchical system for the protection of basic human rights in Western Europe. Under its terms the European Commission and Court of Human Rights in Strasbourg, France, exercise authoritative supervision over the human rights-related activities of the legislative, executive, administrative and judicial authorities of the Convention's States Parties, the twenty-one Member States of the Council of Europe.

This article offers an analysis of the national margin of appreciation doctrine as a tool in the evolution of the scope of the supervisory power assigned to the Convention's international organs, and examines the …

Elasticity Of Obligation And The Drafting Of The Convention On The Rights Of The Child, Cynthia Price Cohen

Connecticut Journal of International Law

At the end of its annual session in 1987, the Open-Ended Working Group on a Draft Convention on the Rights of the Child had drafted and adopted all but a few of the proposed substantive articles and, with the help of a small drafting party, had put together a composite model implementation mechanism for consideration at the 1988 session.1 It may be possible for the final draft of the Convention to be presented to the United Nations General Assembly by 1989, in time to celebrate the thirtieth anniversary of the Declaration of the Rights of the Child.

While work on …

Limits On Extremist Political Parties: A Comparison Of Israeli Jurisprudence With That Of The United States And West Germany, Dan Gordon

UC Law SF International Law Review

In June 1984 an administrative body of the Israeli legislature voted to bar two parties from participating in the July 1984 parliament elections. The Committee banned the parties because they were "antistate" and "antidemocratic." In Naiman v. Chairman of the Central Elections Committee, the Israeli Supreme Court unanimously reversed the Committee and allowed both parties to run. This Article first discusses the background to the Naiman case and then considers in detail the separate opinions of the justices. The Article next summarizes the ways in which the United States and Germany (the only two states with comparable systems and significant …

Abrogating The Relative Political Offense Exception To Extradition: The United States-United Kingdom Supplementary Extradition Treaty, 20 J. Marshall L. Rev. 453 (1987), Michelle M. Cain

UIC Law Review

No abstract provided.

Terrorism: Israel's Legal Responses, Justus R. Weiner

Syracuse Journal of International Law and Commerce

Terrorism - politically motivated terrorism - is widely recognized today as one of the scourges of civilization. The frequency of terrorist acts, and the number of deaths and injuries that resulted have steadily increased during the past 20 years. Terrorism poses three challenges to the modern nation state: a security challenge, a moral challenge and a legal challenge. This article seeks to address the issues raised by the legal challenge, and particularly the responses to that challenge by Israel, whose citizens have been unceasing victims.

Pollution In Parks: A Publication Of The National Park Service, Richard H. Briceland

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

28 pages (includes illustrations).

Contains references.

Siting Industrial Facilities In The Western United States, Joseph Browder

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

24 pages.

Contains references.

A Framework For The Examination Of States Of Emergency Under The American Convention On Human Rights, Claudio Grossman

American University International Law Review

No abstract provided.

The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Faculty Scholarship

The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution. Indeed, the transnational consensus on commercial arbitration is exceptional - a rare example of viable cohesion in the fragmented arena of international affairs. The unifying spirit of the 1958 New York Arbitration Convention, the uniformity of approach among national courts to the implementation of the Convention, and national legislation supportive of the emerging international consensus on arbitration attest to a willingness to eradicate parochial concerns, to respond to felt needs, and to achieve functional international cooperation.

The United States …

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

The Exuberant Pathway To Quixotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Vanderbilt Journal of Transnational Law

By holding that antitrust claims are arbitrable, the United States Supreme Court may have wanted to minimize, if not eliminate, the possibility that dilatory practices could thwart the international arbitral process. Faced with a potentially ruinous contractual relationship and the prospect of arbitration, a disgruntled party (like Soler) might find that it has no other remedy than postponing the day of reckoning. Raising the possibility that the entire transaction is illicit because of antitrust violations at least generates delay and might undermine the arbitration, staving off the possibility of resolution.

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Penn State International Law Review (1982 - 2011)

This Article examines the West German Administrative Procedure Act ("VwVfG"), which forms an essential element in the German model of administrative decision-making and provides valuable insight into the nature of administrative decision-making in Germany. The first section of this Article discusses the history surrounding codification of administrative procedure in Germany, the subject and scope of the VwVfG, and the role of the VwVfg plays within the overall German administrative law structure. The second section identifies the four procedural mechanisms provided for by the VWVfG to reach administrative decisions. The final section reviews administrative and judicial remedies available to contest final …

"Public Policy" Discrimination In The Eec: A Proposal For Assuring The Free Movement Of Workers, Lori Wood

Fordham International Law Journal

This Note will examine three factors that undermine the guarantees of freedom of movement and freedom of establishment. First, the term public policy cannot be precisely defined. Second, European Economic Community (Community) law fails to substantially limit the scope of the public policy exception. Third, the Community legal system is inadequate to prevent or reverse discriminatory acts of national authorities against Community workers. This Note will suggest viable remedies for these problems. The proposals, if collectively implemented, would eliminate discrimination of Community workers on the basis of nationality.

Selective Distribution, John Temple Lang

Fordham International Law Journal

Systems of selective distribution involve essentially two elements. First, the distribution does not supply every dealer, retailer, or wholesaler who is willing to sell the products in question. Only those who meet certain criteria are appointed as authorized retailers or wholesalers. Second, authorized dealers may sell only to other authorized dealers, or, in the case of retailers, to users. It is usual to classify the criteria for selecting the dealers to be approved as follows: 1) Qualitative and Quantitative Criteria; 2) Objective and Subjective Criteria; 3) Technical Qualifications and Commercial Qualifications. There may of course be obligations, including restrictive obligations, …

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.

Patents In Brazil, Donald G. Daus

North Carolina Journal of International Law

No abstract provided.

Regional Human Rights Models In Europe And Africa: A Comparison, Carol M. Tucker

Syracuse Journal of International Law and Commerce

This article examines a number of efforts to define and ensure human rights in Europe and Africa.

The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

A New Classification Of Law For A Foreign, Comparative, And International Research Law Library, Jan Stepan

Vanderbilt Journal of Transnational Law

The Swiss Institute of Comparative Law seated at Lausanne was established by the federal statute of October 6, 1978. The Institute is envisioned as a center for the "documentation of and research into comparative, foreign, and international law." According to the statute and the implementing decree of December 19, 1979, the Institute serves the following purposes:

(1) to supply federal agencies and the federal administration with material and studies that may be needed for decisions concerning legislation and international treaties; (2) to contribute towards international efforts at the harmonization and unification of law; (3) to provide information and expert opinions …

The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Customs Courts Act Of 1980 - Pub. L. No. 96-417, 94 Stat. 1785 (To Be Codified In Scattered Sections Of 19 And 28 U.S.C.), Eugene C. Brooks Iv

North Carolina Journal of International Law

No abstract provided.

The New World Information Order: A Legal Framework For Debate, Bryan J. Holzberg

Case Western Reserve Journal of International Law

No abstract provided.

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …

Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane

Fordham International Law Journal

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.

Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci

Fordham International Law Journal

This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.

The Jurisprudence Of Free Speech In The United States And The Federal Republic Of Germany, Donald P. Kommers

Journal Articles

This Article compares the constitutional thought of the United States Supreme Court and the West German Federal Constitutional Court in the area of free speech. The primary focus is on cases dealing with governmental restraints on speech arising out of concern for internal security' and commentary affecting the reputation of public figures. These cases reflect major lines of German and American free speech thought. The objective of this Article is to compare the concepts of free speech that have evolved in the opinions of the two tribunals and to consider the significance of the separate doctrinal paths taken by each …