Digital Commons Network^™

Judicial Review Of Administration In The People's Republic Of China, Jyh-Pin Fa, Shao-Chuan Leng

Case Western Reserve Journal of International Law

No abstract provided.

Soviet And Chinese Criminal Dissent Laws: Glasnost V. Tienanmen, Zach Georgopoulos

UC Law SF International Law Review

Recent developments in the People's Republic of China and the Soviet Union warrant a comparative study of the imposition of criminal liability for political dissent. In the Soviet Union, substantive changes in criminal dissent laws seem dramatic. In China, various doctrinal pronouncements may have a great effect on the application of such laws. This Note analyzes the similarities and differences in the current political imperatives of both nations in relation to their criminal laws, and attempts to discern possible future uses of criminal law as a means of suppressing political speech.

The Child In International Law: A Pathfinder And Selected Bibliography, Christine Alice Corcos

Case Western Reserve Journal of International Law

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Taxation in the People's Republic of China

By Jinyan Li

New York, New York: Praeger Publishers, 1991. Pp. 208. $49.95.

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Liberating the Law: Creating Popular Justice in Mozambique

By Albie Sachs and Gita Honwana Welch

Atlantic Highlands, New Jersey: Zed Books, 1990. Pp. 132. $55.00.

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International Fugitives: A New Role for the International Court of Justice

By Barbara M. Yarnold

New York, New York: Praeger Publishers, 1991. Pp. 168. $37.95.

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Effective Lobbying in the European Community

By James N. Gardner

Boston, Massachusetts: Kluwer Law and Taxation Publishers,1991. Pp. xix, 162. $45.00.

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European Human Rights Law

By …

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.

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley

Scholarly Works

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.

The authors first analyze the five …

Introduction To Greek Law, Christopher L. Blakesley

Scholarly Works

Greek Law, developed under the stewardship of Professor Konstantinos Kerameus, takes on his character, being a solid, careful work of first rate scholarship. It presents the Greek legal system, the substance of each part of its civil public and penal law and procedure, in a series of well-written and insightful chapters by many of the best Greek scholars (in the United States and in Greece) on each subject. The book is important, because Greece is in the Common Market and Council of Europe, and because the continental and even the common law systems owe their development to the Ro- man-Byzantine …

The Rule Of Non-Inquiry And The Impact Of Human Rights On Extradition Law, John Quigley

North Carolina Journal of International Law

No abstract provided.

Battling Drugs: Is The War Working: Comment, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Lawyers And The Nuclear Debate, Malcolm Shaw

Dalhousie Law Journal

The volume under review constitutes a valuable and exciting contribution to the whole nuclear debate. Its distinctiveness, perhaps, lies in the format. A mix of more formal and prepared papers, less formal papers, interventions and discussions provides an interesting example of the genre. While one is clearly not dealing with an academic treatise, the style of the compilation enhances the feeling of acute concern, spontaneity and the sense of the contemporary significance of the whole enterprise.

Rule Of Law In A State Of Emergency, John P. Humphrey

Dalhousie Law Journal

Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.

Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley

Dalhousie Law Journal

The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …

Treaty Interpretation: Theory And Reality, Paul Gormley

Dalhousie Law Journal

The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …

Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton

William & Mary Law Review

No abstract provided.

Transitions To Democracy And The Rule Of Law

American University International Law Review

No abstract provided.

International Cooperation In Dealing With Terrorism: A Review Of Law And Recent Practice, Philip B. Heymann

American University International Law Review

No abstract provided.

Recognition Of Illegalities, Proposals For Reform, And Implemented Reforms In The Soviet Criminal Justice System Under Gorbachev, Glasnost, And Perestroika, David M. Simmons

American University International Law Review

No abstract provided.

Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo

Fordham International Law Journal

This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I traces the history of extradition and the development of the doctrine of speciality. Part II analyzes the cases that address the issue of individual rights and the doctrine of speciality. Part III argues that extradition treaties vest defendants with the right to invoke the doctrine of speciality's protection. This Note concludes that defendants must be granted the right to raise violations of the doctrine of speciality to protect the integrity and purpose of extradition treaties.

Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas

UC Law SF International Law Review

Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …

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 …

A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni

Michigan Journal of International Law

"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.

English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks to …

Cumulative Subject Index To Volumes 1-21, Index

Case Western Reserve Journal of International Law

No abstract provided.

Extradition To A State That Imposes The Death Penalty, Sharon A. Williams

Articles & Book Chapters

This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.

The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris

Fordham International Law Journal

In July 1983, after nearly a decade of discussion, the Council of Europe adopted the European Convention on the Compensation of Victims of Violent Crimes. The Convention seeks to harmonize Europe's existing crime victims compensation schemes by providing a set of guidelines for the treatment of domestic and foreign crime victims. The Convention thereby seeks to establish consistent victims compensation schemes in its member states. This Note argues that the Convention fails to address adequately the problem of cost, thus failing in its goal of uniformity. Part I of this Note discusses the theory of victims compensation and the Convention. …

Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd

Fordham International Law Journal

This Note argues that civil RICO should not provide a remedy for a party claiming injury due to the commercial bribery of a foreign official. Part I discusses the purposes and the legislative history of the FCPA and RICO. Part II analyzes cases that apply RICO to FCPA violations. Part III illustrates that applying civil RICO to FCPA violations frustrates congressional intent in enacting and amending both the FCPA and RICO. This Note concludes that under proper statutory construction, civil RICO's provisions do not apply to the act of bribing a foreign official.

Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman

Vanderbilt Journal of Transnational Law

In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …

Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer

Faculty Articles

In its Iran-Contra investigation, Congress faced legal challenges which evolved logically from the two-century long history of Congressional investigations, and yet at the same time were unmatched in their significance. One challenge concerned "use" immunity, and its employment when high advisers to the President faced parallel Congressional and criminal proceedings. A second concerned the investigation of a secret international "Enterprise," which, like similar enterprises, was established overseas to carry on international operations without public accountability, and was protected by multiple layers of secrecy sanctioned by law. This article addresses how history brought Congress to those challenges, and how Congress met …

An Ignored Source Of Chinese Law: The Gazette Of The Supreme People's Court, Lie Nanping

Connecticut Journal of International Law

"The Supreme People's Court, which has for the past 35 years issued its decisions through restricted channels, is casting off its veil of secrecy."' The above statement about the publication of Zhonghua Renmin Gongheguo Zuigao Renmin Fayuan Gongbao, the Gazette of the Supreme People's Court of the Peoples Republic of China (the "Gazette") appeared on the front page of China Daily on May 26, 1985.1 For a long time, many Western observers have criticized the Chinese courts for their failure to publish the laws on which they relied in their decision-making process. Accordingly, these observers concluded that China was a …

Letting Statutory Tails Wag Constitutional Dogs: Have The Bivens Dissenters Prevailed?, George D. Brown

Indiana Law Journal

No abstract provided.