Digital Commons Network^™

Agreement Between Germany And The Russian Socialist Federal Soviet Republic With Regard To The Mutual Repatriation Of Prisoners Of War And Interned Civilians (Berlin, 19 April1920), Howard S. Levie

International Law Studies

No abstract provided.

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy

Vanderbilt Journal of Transnational Law

This article will describe and evaluate the Egyptian-Israeli Peace Treaty, and set it in historical and contemporary perspective in order to highlight some of the primary problems facing decision-makers in their deliberations on approaches to resolve the Arab-Israeli conflict in the Middle East. The article will then consider alternative courses of action available to the world community in light of principles of the United Nations Charter and of other sources of public international law and justice, political feasibility and the perceived interests of all parties to the conflict. Lastly, it will suggest new approaches to the problem, with a view …

Unilateral Termination Of The 1954 Mutual Defense Treaty Between The United States And The Republic Of China Pursuant To The President's Foreign Relations Power, Ronald P. Cima

Vanderbilt Journal of Transnational Law

The act of terminating a treaty may initiate an international embroglio or create international arrangements as effectively as the act of entering into a treaty. Although the ramifications of each act may be significant, recent United States commentary has expressed greater concern over the constitutional efficacy of the methods by which the United States has entered international agreements than over the methods by which the United States has removed itself from them. President Carter's unilateral termination of the 1954 Mutual Defense Treaty between the United States and the Republic of China has raised the issue of which branch ought to …

Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of "dominant position" in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Next, the author explains the different types of abuses under Article 86. Finally, the author draws four conclusions. First, the contrast drawn by various authors between the EEC law, which prohibits abuse of a dominant position, and U.S. law, which forbids "monopolisation", is exaggerated and …

Unraveling The Gordian Knot: The United States Law Of International Extradition And The Political Offender Exception, Marcella Daly Malik

Fordham International Law Journal

A comprehensive summary offered to clarify the nature of this hybrid and the policy forces shaping it by tracing the main themes in the development of extradition law and practice in the United States and placing extradition into context with alternative means of dealing with internatinal crime.

The U.S. Fishery Conservation And Management Act 1976 - A Plan For Diplomatic Action, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Institutional Arrangements And The Law Of The Sea, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

The Imco Convention On Limitation Of Shipowners' Liability: Should The United States Ratify?, Timothy F. Burr

University of Miami Inter-American Law Review

No abstract provided.

Erosion Of The Strict Scrutiny Standard, Lauri Waldman

University of Miami Inter-American Law Review

No abstract provided.

Ten Year Index

University of Miami Inter-American Law Review

No abstract provided.

The Indian In Latin America: Approaches To Administration, Integration, And Protection, Lee Swepston

Buffalo Law Review

No abstract provided.

Comparative Law: Western European And Latin American Legal Systems -- Cases And Materials . John Henry Merryman And David S. Clark, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Cyprus And The U.N.: A Case For Non-Military Collective Measures, Christina K. Navarro

Indiana Law Journal

No abstract provided.

Sovereignty And Self-Determination: The Rights Of Native Americans Under International Law, John Howard Clinebell, Jim Thomson

Buffalo Law Review

No abstract provided.

Reforming The Laws And Practice Of Diplomatic Immunity, Paul F. Roye

University of Michigan Journal of Law Reform

As a result of public criticism and increasingly strained relations between diplomatic communities and local communities, Congress recently enacted legislation that dramatically changes United States diplomatic immunity law. This legislation eliminates the complete immunity from criminal and civil law proceedings that was afforded most foreign diplomats and their staffs, and establishes the rules of the Vienna Convention on Diplomatic Relations as the measure of diplomatic immunity in the United States. This article will examine the theoretical justification for diplomatic immunity and its application in the United States. The manner in which the recently enacted legislation alters United States diplomatic immunity …

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …

Inter-American Legal Developments, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Israel Electric Corp. V. Ha'aretz, Moshe Landau, Moshe Etzioni, Yitzhak Kahan, Miriam Ben-Porat, Meir Shamgar

Translated Opinions

This is a petition for rehearing of a civil action for defamation. A majority of the panel of five Justices of the Supreme Court reinstated the District Court's judgment in favor of the Plaintiffs. The majority of the Court held -

1.      The constitutional right to free speech does not enjoy a status that is superior to the citizen's right to the protection of his good name, rejecting the contrary position taken by the United States Supreme Court in New York Times v. Sullivan. The task is to find the proper accomodation between these interests, when they conflict with …

Gold In The Gulf: A History Of The Rio Grande Valley Shrimp Industry, Thomas M. Blackwell

Theses and Dissertations - UTB/UTPA

Competition over dwindling fishery stocks has become acute. Shrimp in the Gulf of Mexico is part of that competition. Trawling operations shifted to Brownsville. A dispute between the newly arrived louisiana shrimpers and Texas operators drove many of the newcomers south to the Mexican coastline. This led almost inevitably to a conflict with Mexico. That it was almost inevitable was also due to the fact that the two nations had differing interpretations of territorial limits.

The confrontations themselves were often full of adventure with charges, counter-charges, and sometimes bullets hurled through the air. Because of this nation's own past actions, …

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Expanding State Court Jurisdiction Over Foreign Car Manufacturers: Crose V. Volkswagonwerk Aktiengesellschaft, Isaac Noyes Northrup Jr.

North Carolina Journal of International Law

No abstract provided.

Recent Developments, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Testing Wisconsin's Alien Land Law: Lehndorff Geneva, Inc. V. Warren, Becky Lynn Bowen

North Carolina Journal of International Law

No abstract provided.

Double Criminality In The Extradition Law Of The United States: Freedman V. United States, Thomas Land Fowler

North Carolina Journal of International Law

No abstract provided.

Reconsidering The Law Of Countervailing Duties: United States V. Zenith Radio Corporation, Johnson A. Salisbury

North Carolina Journal of International Law

No abstract provided.

The Attorney Client Privilege Under The Foreign Agents Registration Act Of 1938: Attorney General V. Covington And Burling, Stuart Oliver Baesel Jr.

North Carolina Journal of International Law

No abstract provided.

Limitations On The Extraterritorial Application Of Law, Willis L. M. Reese

Dalhousie Law Journal

The power of a state to apply its law to foreign facts is limited by various bodies of law. Some limitations are imposed by public international law, and a transgression of these limitations may lead to diplomatic protest' or to an unfavorable judgment by the Court of International Justice.2 Limitations may also be imposed by the law of a second state. For example, a court may refuse to recognize or enforce a foreign judgment on the ground'that in its view the court of rendition had given an improper extraterritorial application to its law. Finally, and of greatest importance, there may …

Per Package Limitation And Containers Under The Hague Rules, Visby & Uncitral, William Tetley

Dalhousie Law Journal

Transport of cargo by sea is subject in almost every shipping nation of the world to the Brussels Convention on the Carriage of Goods by Sea - 1924, better known as the Hague Rules. Great Britain adopted the Rules in 1924, Canada and the United States in 1936, and France in 1937. Over sixty other nations, states, and principalities have adopted the Rules as well, so that it is an international private law of almost universal acceptance. The Rules strike a balance between the responsibilities of the carrier and the rights of cargo owners, both of which are limited in …

Simplication Of Trade Documentation, Arthur E. Baylis

North Carolina Journal of International Law

No abstract provided.