Digital Commons Network^™

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Development Of International Law In The Western Hemisphere, Karl M. Rodman

Washington Law Review

It is almost axiomatic to say that any development of International Law in the Western Hemisphere must come as a development of the Monroe Doctrine—that all-elastic and heretofore unilateral policy of the United States of America towards Central and South America. This is because no major development of International Law is possible in the Western Hemisphere without the agreement or even leadership of the most powerful nation of that hemisphere. If the United States is to, lead, and past and present movements indicate this fact beyond question, its leadership has always been and is now being expressed in terms of …

The Concept Of "Denial Of Justice" In Latin America, J. Irizarry Y Puente

Michigan Law Review

Much of the credit for the present state of development of the concept of "denial of justice" must go to Latin America. Step by step the efforts of her statesmen, lawmakers and publicists in the spheres of diplomacy, legislation and doctrine, have given the concept a more definite juridical form, and outlined more clearly its frontiers of legitimate action. The concept, far from being now the occasion for diplomatic coercion which it formerly was, is narrowed down to a judicial connotation; and, in this sense, it means that justice has not been done where it should have been.

Its evolution …

Some Legal Aspects Of American Sovereignty, Clarence Emmett Manion

Journal Articles

The advocates of a post-war world security organization are squarely up against the question of "sovereignty." Those who have specifically criticized the suggestion have done so for the reason that it does not go far enough to accomplish its purpose. They contend that the word "sovereign" should be lifted out of all such proposals for the reason that its inclusion will neutralize the effectiveness and destroy the continuity of the proposed association. If through the instrumentality of a treaty, or an executive agreement made pursuant to a joint Congressional resolution or otherwise, the United States government may suddenly take on …

Foreign Intercession On Behalf Of Justice By The United States In The 19th Century, I. Naamani Tarkow

Indiana Law Journal

No abstract provided.

International Law - Sovereign Immunity - Immunity From Suit Of Funds Belonging To A Political Subdivision Of A State, Wilbur Jacobs

Michigan Law Review

Plaintiff, the holder of bonds of defendant, the state of Sao Paulo, one of the federated states of the United States of Brazil, attached funds belonging to the defendant and deposited them in a New York bank to meet payments on the bonds. During the depression there had been a general default by Brazil and its states on their external debts because of the unfavorable trade conditions and consequent lack of dollar exchange. The Aranha plan was devised in 1934 to combat these conditions through control of foreign exchange. Each state was required to deposit with the Bank of Brazil …

Neutral Convoys In Law And Practice, Benjamin Akzin

Michigan Law Review

The following study, based on law and past practice, aims at clarifying the status of neutral convoys in relation to the problem of convoying American supplies to Great Britain in the present war as it stood under the Neutrality Act of 1939. The question at issue touches both upon international law and American constitutional law. Both these aspects are investigated in the following pages.

Niemeyer On Law Without Force, Josef L. Kunz

Michigan Law Review

Whereas Lauterpacht tried to determine the function of law in the international community, Niemeyer investigates the function of politics in international law. His book is on politics, but it is theoretical in its treatment and not political. The book not only represents an ambitious work, but is certainly interesting and stimulating. As to his ideas, Niemeyer derives from Herman Heller, to whom the book is dedicated. Heller's theory of the States is not a legal, but a sociological, a functional theory of the modern, occidental State as it developed since the Renaissance, a theory which stands halfway between Kelsen's "pure …

Neutrality And The European War 1939-1940, Josef L. Kunz

Michigan Law Review

Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.

Interstate Trade Barriers: General Introduction, Frank Bane

Indiana Law Journal

No abstract provided.

The Economics Of Trade Barriers, F. Eugene Melder

Indiana Law Journal

No abstract provided.

Service Of Process On Foreign Corporations Not Admitted To Do Business In The State

Indiana Law Journal

Legislative Comment

What Constitutes Doing Business By A Foreign Corporation, William J. Kinnally

Indiana Law Journal

No abstract provided.

Expatriation Of American Minors, Lester B. Orfield

Michigan Law Review

The United States Supreme Court in May, 1939, handed down a vitally significant decision on the expatriation of American minors. Prior to that date, one was forced to deduce the law from conflicting decisions of the lower federal courts and of state courts, rulings by the departments of state, labor, and justice, and views of writers. This, therefore, seems an appropriate time at which to discuss the problems which have been raised and the solutions which have been offered.

Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack

Faculty Publications

No abstract provided.

The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard

Michigan Law Review

During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any "minimum standard" for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted …

The Law Of Treaties; British Practice And Opinions, Carl M. Frasure

West Virginia Law Review

No abstract provided.

Judicial Legislation In International Law, R. Y. Jennings

Kentucky Law Journal

No abstract provided.

The Non-Recognition Law Of The United States, Kimon A. Doukas

Michigan Law Review

We speak of nations as being equal, independent and sovereign within the fixed confines of their physical boundaries. As aptly stated by our Supreme Court, in the civilized world of today, "Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory."

International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton

Michigan Law Review

The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …

International Extradition, Forest A. Harness

Indiana Law Journal

No abstract provided.

International Law Problems In The Extradition Of Samuel Insull

Michigan Law Review

Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …

Book Review. Cheyney, A. S. (Ed.), The International Labor Organization, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …