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The Tokyo War Crimes Trial, L C. Green

Dalhousie Law Journal

Until comparatively recently (see, eg., The Other Nuremberg by Arnold C. Brackman, 1987) there has been little written in western countries concerning the International Military Tribunal for the Far East - the Tokyo Tribunal - when compared with its "sister" Tribunal at Nuremberg. The compilation of Principles drawn up by the United Nations is known as the Nuremberg Principles regardless of the fact that the same principles were applied in Tokyo. In 1983, to coincide with the first Japanese showing of the film The Tokyo Trial premiered in New York two years later, an International Symposium on the Trial was …

Prosecuting Nazi War Criminals In The United States: The Time In Which To Punish Them Is Running Out, Debbie Morowitz

Syracuse Journal of International Law and Commerce

The purpose of this Note is to demonstrate that the United States can and must assert jurisdiction over Nazi war criminals in order to punish them properly.

Recent Efforts In China's Drive To Promote Investment Through The Protection Of Intellectual Property Rights: The 1988 Trademark Rules And The 1988 Technology Import Contract Rules, Mitchell A. Silk

Syracuse Journal of International Law and Commerce

In an attempt to further enhance the investment environment in general, and the protection of intellectual property rights in specific, in January 1988 China promulgated two sets of detailed implementing rules under the Trademark Law and the Regulations on the Administration of Technology Import Contracts. This article will analyze these two developments in an effort to assess how they promote China's stated policy of using advanced technology to spur economic development and thus aid in its modernization efforts.

The Death Of Dr. Hugo Spadafora: Human Rights Investigative Responsibility Is Past Due, Judith K. Furukawa

American University International Law Review

No abstract provided.

Shari'a Law In The Sudan: Why It Does Not Work Under The Sudanese Constitutions Of 1973 And 1985, Steven C. Sherman

Penn State International Law Review (1982 - 2011)

Can Islamic Law co-exist with a democratic constitution? Currently, in Sudan, such a co-existence is not possible. This comment analyzes some of the conflicts between the Shari'a Law of Islam and the Sudanese Constitutions of 1973 and 1985. Through this analysis, the author suggests reasons for the incompatibility of Islamic law and the Sudanese constitutions.

Arrest First, Ask Questions Later: The Japanese Police Detention System, Christopher James Neumann

Penn State International Law Review (1982 - 2011)

The Japanese police detention system enables police and prosecutors to detain criminal suspects for up to twenty-three days without a formal charge, thus posing numerous human rights problems. This comment concentrates on the Covenant on Civil and Political Rights which provides a means for identifying the human rights abuses occurring under the Japanese police detention system, as well as a method for rectifying such abuses.

The Future Monitoring Role Of Gatt In An International Arena Of Non-Tariff Barriers: A Proposal From A Law And Economics Perspective, Andrew C. Blanar, Jean-Louis L. Arcand

Penn State International Law Review (1982 - 2011)

The General Agreement on Tariffs and Trade (GATT) was implemented to provide uniform guidelines in the regulation of international trade. While the GATT is an agreement based on legal rules of construction and enforceability, the underlying impetus to its creation is economic in nature. This article examines the hindered effectiveness of the legal aspects of the GATT, and it provides insight into the economic theory that promotes this inefficiency.

Economic Crimes In The People's Republic Of China: A Swinging Door Policy, Cynthia B. Schultz

American University International Law Review

No abstract provided.

A Proposal For The Development Of A System Of Indigenous Jurisprudence In The Federated States Of Micronesia, Brian Z. Tamanaha

UC Law SF International Law Review

Through a critical examination of the court decisions of the Federated States of Micronesia, this Article will establish that the Micronesians have failed in their efforts to develop a system of indigenous jurisprudence. To understand the reasons for this failure, this Article will survey similar attempts to merge custom into an improved legal system in decolonized areas around the world. Following the conclusion that the existing strategies applied to these situations cannot succeed, this Article will propose a new approach. The proposal rejects the focus on custom as a separate source of law, and instead emphasizes the role and nature …

The Political Offense Exception And The Extradition Process: The Enhancement Of The Role Of The U.S. Judiciary, Abraham Abramovsky

UC Law SF International Law Review

Using Northern Ireland as a model, this Article argues that some political dissidents have not received fair trials in countries requesting extradition and suggests another method for evaluating extradition requests. This Article first provides background about the conflict in Northern Ireland and the trial procedures for alleged terrorists. Then, the extradition procedure in the United States is examined emphasizing the political offense exception. The Article concludes that the courts are the most appropriate forum for inquiry into the criminal system of the country requesting extradition, especially when the political offense exception is invoked. The courts should affirmatively undertake the duty …

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.

Cumulative Subject Index To Volumes 1-20, Index

Case Western Reserve Journal of International Law

cumulative subject index

The Control Of Hazardous Wastes - Law Enforcement In Practice, Richard Macrory

Connecticut Journal of International Law

In recent years, policymakers increasingly have recognized that implementation of existing environmental law is a significant area of concern that arguably is as important for effective environmental management as was the design of new legislation in the first place. Determining what actually happens when law is applied in practice is not always an easy matter. The potentially difficult task of assessing legislative results is made all the more complex by the fact that implementation is itself somewhat of a protean concept: it legitimately can encompass almost any official activity needed to ensure that legal measures have practical effect.

In the …

Soviet Justice In The Gorbachev Era: The 1988 Draft Fundamental Principles Of Criminal Legislation, Leonard Orland

Connecticut Journal of International Law

While Marxist doctrine teaches that the movement of society from socialism toward communism should reduce and ultimately eliminate crime, the Soviet legal system takes a far more pragmatic view. In the seventy years of Soviet rule, criminal law has been codified and recodifled and now occupies a central place in the architecture of socialist legality.' The most recent and, in many ways, the most important effort at criminal law codification, the Fundamental Principles of Criminal Legislation of the USSR and Union Republics [1988 Draft], appeared in Izvestia on December 17, 1988.

In the United States as well as in the …

British Environmental Law: Major Strands And Characteristics, Richard Macrory

Connecticut Journal of International Law

Law concerning the environment existed in the United Kingdom, which was one of the first countries to experience extensive and rapid industrial and urban development, long before the term "environmental" came into wide usage. A number of features, notably a high degree of discretion, a preference for local administration and a concern for practicality joined at times with a degree of parochialism, have long permeated much of the substantive law on the environment. Many of these characteristics are reflected in the description of the major strands of current law and administrative arrangements.' Although these traits frequently appear to give a …

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

University of Miami Inter-American Law Review

No abstract provided.

Disappearances: Towards A Declaration On The Prevention And Punishment Of The Crime Of Enforced Or Involuntary Disappearances, Matthew Lippman

Connecticut Journal of International Law

The term "disappearances" 1 (in Spanish desaparecido or "to have disappeared") was first used to describe the plight of the victims of Latin American death squads in the 1960s.1 It is estimated that 90,000 people have disappeared in Latin America alone over the past two decades3 and, in recent years, the practice has spread to Africa, Asia and the Middle East.

Disappearances have been characterized as "the highest stage of political repression, because [they] immediately hinder[] the application of legal codes established for the defense of personal freedom, physical integrity, human dignity, and life itself." Once an individual is abducted, …

Transfer Of Proceedings And Transfer Of Prisoners: New Instruments Of Cooperation In Criminal Matters Among The Socialist Countries Of Eastern Europe, Michael Plachta

Connecticut Journal of International Law

The increasing mobility of people across state frontiers is signum temporis. One of the least desirable consequences of this phenomenon is the increasing frequency of criminal offenses committed by foreigners.' Scholars in the Member States of the Council of Europe have extensively studied criminality among foreigners. Most of these studies treat this problem from the criminological point of view, concentrating primarily on explaining the sources and extent of this criminality.

For ages the criminality of foreigners has caused problems for criminal justice systems. Two questions have been, and continue to be, of particular importance:

(a) where should foreigners who have …

An Analysis Of Foreign Investment In The People's Republic Of China In The Aftermath Of The Sino-U.S. Tax Agreement, Michael Brent Nelson

Global Business & Development Law Journal

No abstract provided.

Retributory Theatre, Edward M. Morgan

American University International Law Review

No abstract provided.

Execution Of Juvenile Offenders By The United States Violates International Human Rights Law, David Weissbrodt

American University International Law Review

No abstract provided.

Improving Human Rights Protections: Recommendations For Enhancing The Effectiveness Of The Inter-American Commission And Inter-American Court Of Human Rights, Dinah Shelton

American University International Law Review

No abstract provided.

Extradition And The Hong Kong Special Administrative Region, Janice M. Brabyn

Case Western Reserve Journal of International Law

No abstract provided.

The Secrets Of Foreign Bankers And The Federal Investigation: Tottering Balances, John L. O'Donnell Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Religious Law And Religious Freedom In Saudi Arabia And Israel: A Comparative Study, Richard N. Merenbach

UC Law SF International Law Review

Traditional religious law is enforced in both Saudi Arabia and Israel. In Saudi Arabia it is dominant and unchangeable, while in Israel the Knesset carefully selects when to use religious law. This Note examines the religious legal systems of Islam and Judaism as they are used in these countries. This Note particularly examines Islamic criminal law and Jewish family law. The Note also examines some of the problems that have been caused by the use of ancient legal systems.

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

Strung Up Or Shot Down: The Death Penalty In Hong Kong And China And Implications For Post-1997, Andrew Scobell

Case Western Reserve Journal of International Law

No abstract provided.

Mutual Legal Assistance Treaties As A Way To Pierce Bank Secrecy, James I.K. Knapp

Case Western Reserve Journal of International Law

No abstract provided.

Compelled Consent: An Oxymoron With Sinister Consequences For Citizens Who Patronize Foreign Banking Institutions, Harvey M. Silets, Susan W. Brenner

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-19, Index

Case Western Reserve Journal of International Law

cumulative sunject index