Digital Commons Network^™

Comments On The Common Market, Robert A. Anthony

Washington Law Review

We have before us a subject that is more economic than legal. The important questions about that subject are more political than legal. Into such realms I venture only most warily. I find interesting Dennis Thompson's portrayal of the Common Market as "the only body in Europe that really matters." His characterization is as apt as it is pithy and, indeed, pertinent for his countrymen's consideration at this moment of economic and electoral decision. And it seems to me that we should ask: why is the Economic Community the only body that "matters"? It matters, I think, because it is …

Some Aspects Of The Foreign Relations Power Of The European Economic Communities, Albert H. Garretson

Washington Law Review

The subject of this article is a substantial one, bursting with theoretical and practical problems, but it is of course much narrower than the survey of the Communities in the spring of 1966 which Mr. Thompson presented to the conference. That survey was made in the light of the six months crisis created by the absence of the French from the work of the institutions of the Economic Community. The resistance of the French to certain central aspects of the development of the Community institutions, particularly to what they described as the developing "style" of the Commission, was set out …

Comments On Papers Delivered By Professor Herzog And Mr. Ebb, Daniel A. Soberman

Washington Law Review

It is often said that the European Communities are unique, that they cannot be fruitfully compared to other institutions, whether international or federal. Certainly, to a common law lawyer they appear to be uniquely civil law creations; their solutions to various problems appear novel to him. Despite differences in approach much is to be learned by comparing or at least contrasting the European approach with that of the common law. Professor Herzog has well illustrated some of the differences in his excellent paper on the Court of Justice.

Common Market In Process: The Grundig Case And The Interplay Between National Law And Treaty Law, Lawrence F. Ebb

Washington Law Review

The delicate problems of the evolving relationship between supranational, European Economic Community Treaty law and the national law of the member countries are dramatically illustrated by the decisions of national courts and the Commission of the European Economic Community in the series of cases dealing with the legitimacy of sole distributorships coterminous with national boundaries of the member countries. The operational context of the actual cases in this field not only constitutes a more dramatic setting than the abstract study of the bare provisions of the Treaty of Rome and its implementing regulations; it also effectively brings to light a …

The Procedure Before The Court Of Justice Of The European Communities, Peter E. Herzog

Washington Law Review

The Court of Justice of the European Communities has inspired much legal writing, including many books and articles in English. Particular attention has been paid to its jurisdiction and general organization, much less to its procedure. But Professor Sereni has pointed out that differences in the domestic procedural laws of states appearing before an international court may cause difficulties in the work of the international tribunal itself. It therefore may be of interest to review briefly some aspects of the procedure of a court which is perhaps not an international tribunal in the strict sense of the word, but in …

Some Diplomatic Problems Of Codification Of The Law Of Treaties, Shabtai Rosenne

Washington Law Review

The International Law Conmission is presently engaged in a project to codify the Law of Treaties. A project of this magnitude is, of course, replete with imany substantive legal problems. The author, while fully cognizant of the ramifications of the legal issues presented by the codification, takes as his central topic some of the less obvious but, perhaps ultiviately more critical problems, related to the codification project. After defining the scope of the project and tracing the remote and recent history of the codification of treaty law, the author discusses the structural form which the restatement of treaty law has …

Safeguarding Atoms-For-Peace: U. K. Bilateral Agreements With Other Nations, Stephen Gorove

West Virginia Law Review

The dawn of the atomic age in the mid-twentieth century has brought with it many challenges and unique responsibilities. One of the most difficult among them has been the prevention of a nuclear holocaust in a world arena dotted with suspicion, jealousy and even outright hostility. Faced with excessive delays if not insuperable obstacles in finding a generally acceptable formula for atomic arms control and recognizing the close interrelationship between the civil and military applications of nuclear energy, the leading nuclear powers of the West wished to insure at least that their atomic assistance intended for the peaceful pursuits of …

International Law--Present Status Of The Act Of State Doctrine And Its Effects Upon Private Foreign Investment, Larry Lynn Skeen

West Virginia Law Review

No abstract provided.

Comparative Law--Consular Agent Representing His National As Beneficiary, Hazel Armenta Straub

West Virginia Law Review

No abstract provided.

The Maritime Boundaries Of The States, Avrum M. Gross

Michigan Law Review

It has long been recognized that the boundaries of coastal states encompass certain adjoining maritime areas. The settled existence of those boundaries, however, stands in marked contrast to the confusion which has surrounded their location. The geographic extent of the waters to which state jurisdiction extends has remained largely undetermined.

The recent development of refined methods for extracting minerals from offshore areas has translated questions of state jurisdiction into issues of substantial economic significance. In this regard, an increasing number of disputes have arisen between the states and the federal government, primarily over rights to offshore oil deposits. The …

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

Faculty Scholarship

No abstract provided.

The Inductive Approach Revisited, Anthony D'Amato

Faculty Working Papers

A significant theoretical dispute has opened between Schwarzenberger and Jenks over the former's inductive approach to international law. At least three questions may be asked of the debate between Schwarzenberger and Jenks: (1) Is the inductive method inherently limited in its usefulness? (2) Given the use of an inductive approach, is there any room left for creativity in international law? (3) More basically, is Schwarzenberger's self-styled inductive approach really inductive?

Diplomats, Scientists, And Politicians: The United States And The Nuclear Test Ban Negotiations, Harold Karan Jacobson, Eric Stein

Michigan Legal Studies Series

This study began in 1961 as a limited attempt to assess the impact of science and modern technology on the negotiating process and concepts of international organization, using the test ban negotiations then in progress as a case study. When the Moscow Treaty was signed, however, it seemed wise to broaden the focus and to capture as many of the details as we could that might help to explain this first formal arms control agreement between East and West in the nuclear age. Our analysis is clearly not definitive, but hopefully, it will be a useful source, even after all …

Superior Orders As A Defense To Violations Of International Criminal Law, Alan M. Wilner

Maryland Law Review

No abstract provided.

The Use Of Experts By International Tribunals, By Gillian White (1965), Seymour W. Wurfel

Washington Law Review

No abstract provided.

Part Ii. Summary Records, Joseph M. Snee

International Law Studies

No abstract provided.

Cuba And U.S. Policy, Paul Bethel

Mario Diaz Cruz Pamphlets

Volume 2

Part I. Final Text Of The Nato Agreements On Status A. Agreement Between The Parties To The North Atlantic Treaty Regarding The Status Of Their Forces, Joseph M. Snee

International Law Studies

No abstract provided.

Part Iii. Documents, Joseph M. Snee

International Law Studies

No abstract provided.

Introduction, Joseph M. Snee

International Law Studies

No abstract provided.

American Heirs Under The Law Of Poland, Ryszard L. Krzyzanowski

Buffalo Law Review

No abstract provided.

The Implementation Of The Rules Of Competition Of The European Economic Community, Hans-Jürgen Schlochauer

Buffalo Law Review

No abstract provided.

In Pursuit Of World Order. U.S. Foreign Policy And International Organisations. By Richard N. Gardner., Edward Mcwhinney

Buffalo Law Review

No abstract provided.

Judicial Notice Of Foreign Law, Jerome J. Krasa

Vanderbilt Law Review

A fundamental cleavage exists between the two methods of viewing judicial notice. Both views must be understood before the doctrine of judicial notice can be said to have a real meaning applicable to the whole variety of legal problems which arise today. This understanding must be achieved before many of the seeming inconsistencies in what has been written about the doctrine can be clarified. Finally, this basic understanding must be had if any comprehension of the operation of judicial notice in any specific field of law is possible.

Teaching The Law Relating To The International Protection Of Human Rights: An Experiment, Egon Schwelb

Journal of Legal Education

No abstract provided.

Book Reviews, Daniel G. Partan, Kenneth S. Carlston, Bernard A. Ramundo, S. A. Mccarthy, Cornelius J. Peck

Journal of Legal Education

No abstract provided.

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …

Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review

Michigan Law Review

Although frequently criticized, the established doctrine of absolute sovereign immunity has long prevented suits in the courts of the United States against foreign nations without their consent. The Court of Appeals for the Second Circuit, however, in ,em>Victory Transport Inc. v. Comisaria General de Abastecimientos y Transportes, affirmed a district court order compelling arbitration between an American shipowner and the Spanish Ministry of Commerce in accordance with the terms of a contract to carry wheat from Alabama to Spain. Although the Spanish Consul asserted that the Ministry, as a branch of the Spanish government, was immune from suit …

Sovereign Immunity: The Right Of The State Department And The Duty Of The Court, Penelope Dalton

William & Mary Law Review

No abstract provided.