Digital Commons Network^™

Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg

Faculty Scholarship

The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …

Mexico's Organic Law Of Federal Public Administration--A New Structure For Modern Administration, Mark O. Rorem

UC Law SF International Law Review

The expanding size of governmental agencies and the increasing scope of their activities raise questions about effective ways to control and coordinate governmental bureaucracies. The author examines Mexico's efforts to cope with these problems through recent administrative reforms in the Organic Law of Federal Public Administration.

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

A Unified Multinational Approach To The Application Of Tort And Contract Principles To Outer Space, Hamilton Desaussure, P.P.C. Haanappel

Syracuse Journal of International Law and Commerce

As the number of multinational corporations exploiting the regions of outer space for commercial reasons, and the number of nongovernmental spacefarers increase, some systematic approach to the application of substantive legal rules for the settlement of disputes generated by extraterrestrial events, particularly outer space accidents and contractual deviations, will have to be formulated.

Coriolan V. Immigration And Naturalization Service: A Closer Look At Immigration Law And The Political Refugee, Patricia J. Sheridan

Syracuse Journal of International Law and Commerce

Coriolan liberalized current interpretations of immigration law by relaxing, somewhat, the evidentiary burden facing the alien seeking political refuge in the United States. The concepts articulated in Coriolan provide a more humanitarian approach for refugees and are the key to a more realistic interpretation of the law.

The Anthropocentric Theory Of International Law As A Basis For Human Rights, S. Prakash Sinha

Case Western Reserve Journal of International Law

No abstract provided.

Warsaw From The French Perspective: A Comparative Study Of Liability Limits Under The Warsaw Convention, Elizabeth G. Browning

Vanderbilt Journal of Transnational Law

The Warsaw Convention, now over 45 years old, was originally designed to aid the growth of a new, undeveloped, and somewhat perplexing commercial enterprise--the international air transportation industry. Unfortunately, the drafters of the Convention took a narrow, and perhaps ill-advised, view of regulation of liability. They limited the carriers' liability for damage to an amount that could easily have been foreseen to be unworkable and they defined the concept of fault in ambiguous terms. While this fledgling attempt to codify an area of private international law was meant to provide a uniformity of terms that would be workable in a …

The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb

Vanderbilt Journal of Transnational Law

The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …

War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein

Vanderbilt Journal of Transnational Law

Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?

The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …

Digest Of Important Canadian Cases Reported In 1977 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams

Articles & Book Chapters

No abstract provided.

Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman

Vanderbilt Journal of Transnational Law

Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …

Extraterritorial Application Of The Federal Securities Code: An Examination Of The Role Of International Law In American Courts, George M. Taylor Iii.

Vanderbilt Journal of Transnational Law

When the Securities Act of 1933 and the Securities Exchange Act of 1933 were enacted, the international capital market was in its infancy, and the legion difficulties of regulating transnational securities transactions had not evidenced themselves. The adaptation of those laws to the international economy has been largely the work of courts. The Securities and Exchange Commission, whose single venture into the field has not proved fully successful, has gladly acquiesced in the case by case approach to extraterritorial securities jurisdiction. On the other hand, Congress has for the most part remained silent. Since extraterritorial application of the securities laws …

The Arab Economic Boycott Of Israel: The International Law Perspective, Preston L. Greene, Jr.

Vanderbilt Journal of Transnational Law

Most of the discussion about the Arab economic boycott of Israel has focused on its effect upon United States law. Even when the discussion centers on moral and ethical considerations, the focus remains on the United States. This limited perspective, however, merely reflects the vast global economic interests of the United States. Nonetheless, the extensive analysis of American law and practices has tended to obscure the importance of applicable international norms. This article examines the effects and implications of the Arab boycott upon existing and evolving norms of contemporary international law. To properly analyze the international legal norms, the operative …

United States Interests In A Convention On The Law Of The Sea: The Case For Continued Efforts, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

Over 150 nations have been engaged in the negotiation of a multilateral Convention on the Law of the Sea at the Third United Nations Conference on the Law of the Sea for more than five years. The negotiations have included virtually every possible issue involving relations between nations with respect to the oceans, such as fishing, national jurisdiction, navigation, environment, scientific research, seabed exploitation, and transfer of technology.' The current product of that negotiation is the Informal Composite Negotiating Text (ICNT), a 198-page document containing 303 treaty articles plus seven annexes. Although the participating nations agree on much of the …

The Decline Of Democracy In The Philippines, Mark Tobak

Fordham International Law Journal

No abstract provided.

Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Chapter V The Punishment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Table Of Abbreviations, Articles, Books, And Documents, Howard S. Levie

International Law Studies

No abstract provided.

State Anti-Boycott Legislation, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Prospects For Investment In The Soviet Union: A Survey Of Political And Economic Factors, Gail L. Eggleston

North Carolina Journal of International Law

No abstract provided.

East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski

North Carolina Journal of International Law

No abstract provided.

Optional Arbitration Clause For Use In Us-Uss Trade: 16 Int'l Legal Materials 444 (1977), North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

Notes On The Role Of The Judiciary In The Constitutional Systems Of East Africa Since Independence, Steven B. Pfeiffer

Case Western Reserve Journal of International Law

No abstract provided.

Monitoring Of The Helsinki Accords: Belgrade 1977, Constance Coughlin

Case Western Reserve Journal of International Law

No abstract provided.

An International Seabed Authority: The Impossible Dream?, Henry C. Byrum Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Assassination As A Means Of Intervention--The Death Of Lumumba--The Rule Of Amin, Christian M. Sternat

Case Western Reserve Journal of International Law

No abstract provided.

Nonrecognition Of The Independence Of Transkei, Donald A. Heydt

Case Western Reserve Journal of International Law

No abstract provided.

The Economic Community Of West African States (Ecowas): An Analysis And Prospects, Bruce Zagaris

Case Western Reserve Journal of International Law

No abstract provided.

Book Reviews, Book Reviews

Case Western Reserve Journal of International Law

No abstract provided.

Notes On Legal Literature In East Africa, Robert Martin

Case Western Reserve Journal of International Law

No abstract provided.