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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 …

The United States Court Of International Trade: Will It Ever Be Understood, Karl Richard Tucker

Global Business & Development Law Journal

No abstract provided.

Law For A World Community, John Quigley

Syracuse Journal of International Law and Commerce

Changes in international relations are creating a context for a new role for law. The exigencies of survival require solutions that can be achieved only at a supranational level. In the process, international law is being transformed from a law between and among states to a law that includes international organizations, individual persons, corporations, and other non-state groups. It is moving from a set of negative prohibitions that sought to keep states from injuring each other by acts of violence to a set of positive obligations to preserve and improve life for all. Law is shifting from being an interstate …

Strengthening World Order: Reversing The Slide To Anarchy, John Norton Moore

American University International Law Review

No abstract provided.

Soviet Environmental Protection: The Challenge For Legal Studies, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

The five essays by Soviet environmental law specialists published in this volume of the Pace Environmental Law Review provide insights into the contemporary debate in the USSR about how to protect nature. Before commenting on each essay, it is useful to sketch out the problems which the Soviet Union is encountering as it struggles to cope with its substantial pollution and widespread natural resource misuse.

The Toshiba-Kongsberg Incident: Shortcomings Of Cocom, And Recommendations For Increased Effectiveness Of Export Controls To The East Bloc, Wende A. Wrubel

American University International Law Review

No abstract provided.

United States-Korean Relations: Toward The 21st Century, Stephen J. Solarz

American University International Law Review

No abstract provided.

Palestine And Humanitarian Law: Israeli Practice In The West Bank And Gaza, Carol Bisharat

UC Law SF International Law Review

With the purpose of providing a context for the eighteen month long Palestinian uprising, this Article traces the significant events in the history of the Israeli-Palestinian conflict emphasising the intolerable conditions imposed by twenty-two years of military rule. In the framework of international law, this Article examines first the application of the Fourth Geneva Convention, and secondly Israel's institutionalized violation of the Convention's governing standards as they apply to Palestinians in the occupied territories. The Palestinian right to self determination will be analyzed as it relates to the application of the Fourth Geneva Convention. Finally, Israeli laws and practices will …

From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney

Fordham International Law Journal

This Article summarizes the history of international trade agreements from the time of Columbus to the present.

Law And Alternative Security, Burns H. Weston

Michigan Journal of International Law

Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …

Treaties In A Constitutional Democracy, Louis Henkin

Michigan Journal of International Law

This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.

Constitutional Bait And Switch: Executive Reinterpretation Of Arms Control Treaties, David A. Koplow

Georgetown Law Faculty Publications and Other Works

A new constitutional crisis has been thrust upon the American body politic. The crisis arises from a dispute concerning the allocation of legal authority for the interpretation, and especially for the reinterpretation, of international agreements. Once a sleepy backwater reserved for specialized scholars, the issue of treaty interpretation has drawn the President and Congress into stark confrontation and generated splashy headlines.

Covert Operations, Lori Fisler Damrosch

Faculty Scholarship

As the Constitution begins its third century, the system of congressional oversight of covert action is only in its second decade. In the ancient history of covert action – before the intelligence oversight reforms of the l 970s – Congress did not involve itself in covert operations. After giving the Central Intelligence Agency standing authority to "perform such other functions and duties related to intelligence affecting the national security as the National Security Council may from time to time direct," Congress paid little attention to what the Executive did under this authority. The era of congressional noninvolvement came to an …

European Community/Hungary Relations, Donald E. Dekieffer

Case Western Reserve Journal of International Law

No abstract provided.

Humanitarian Law, El Salvador, And Protocol Ii: Do These Equal Substantive International Law, E. Marie Wheeler

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-20, Index

Case Western Reserve Journal of International Law

cumulative subject index

International Law: Process And Prospect, Linda A. Shoemaker

Michigan Law Review

A Review of International Law: Process and Prospect by Anthony D'Amato

Al-Aziz V. Commander Of Idf Forces In The West Bank, Meir Shamgar, Shlomo Levin, Eliezer Goldberg, Miriam Ben-Porat, Gavriel Bach

Translated Opinions

The military commanders of the various occupied territories, acting pursuant to the Defence (Emergency) Regulations, 1945, ordered the deportation of the Petitioners from the territories, on the ground that they are involved in hostile activities against the State of Israel, such as to endanger the security of the state and the public peace. The Petitioners contend that the deportation orders violate Article 49 of the Fourth Hague Convention of 1949. Sitting in a panel of five Justices, the court denied the petitions, holding:

1. Article 49 of the Fourth Geneva Convention must be interpreted against the background of the outrages …

Export Controls: Who's Policing The Enforcers, Jere W. Morehead

North Carolina Journal of International Law

No abstract provided.

Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam

Articles

No abstract provided.

Retributory Theatre, Edward M. Morgan

American University International Law Review

No abstract provided.

The Political Economy Of International Relations, By Robert Gilpin, Stuart S. Malawer

Maryland Journal of International Law

No abstract provided.

The Treatment Of Terrorists In The Israeli Occupied Territories, Paula E. Marcus

American University International Law Review

No abstract provided.

Viet Nam's First Modern Penal Code, John Quigley

NYLS Journal of International and Comparative Law

No abstract provided.

The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden

Penn State International Law Review (1982 - 2011)

This Article is a response to Journal author David Corwin's contention that the use of nuclear weapons is illegal under international law. In turn, the author carefully examines relevant treaty provisions to support his thesis. Finally, the author contends that the principles of customary international law and state practice provide a foundation by which the use of nuclear weapons is circumscribed under international law.

Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …

International Propaganda And Developing Countries, Adeno Addis

Vanderbilt Journal of Transnational Law

This Article will use the term propaganda in its negative sense and explore its impact on developing nations' capacity for self-determination. Following a brief suggestion about a workable definition in Part II, Part III isolates the particular threat that propaganda poses for developing nations. Part IV then surveys the fractured history of international propaganda regulation. Part V examines the relationship between self-determination and propaganda, with specific reference to disinformation and what will be termed "structural propaganda." Individual state responses to propaganda are outlined in Part VI. Part VII explores the same issue on the international level and suggests the creation …

Deference And Its Dangers: Congress' Power To "Define ... Offenses Against The Law Of Nations", Charles D. Siegal

Vanderbilt Journal of Transnational Law

This Article has not sought to argue that we are today bound to the framers' limited conception of the law of nations. The way that law develops has changed dramatically in 200 years; there is no reason to believe that the framers would not have supported an evolving definition of offenses against the law of nations. And, even if they did not, an originalist interpretation of the offenses clause is still not warranted. Nor has this Article argued that Congress has no leeway in defining offenses; its points are less strict.

When Congress determines that a certain set of actions …

Book Review Of The Law Of War, Linda A. Malone

Faculty Publications

No abstract provided.

Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant

Faculty Scholarship

The question of providing aid to the Nicaraguan Resistance has been significant to United States human rights policy throughout the Reagan Administration. Although events have changed repeatedly during the winter of 1988, including a truce between the Nicaraguan Government and the Resistance and a Congressional decision not to provide military aid to the Resistance, the underlying policy issues remain constant. The Harvard Human Rights Yearbook presents two notes, infra, discussing the Military Construction Appropriations Act of 1987, which granted $100 million in aid to the Nicaraguan Resistance. The first note discusses the Nicaraguan Human Rights Association (Asociacidn Nicaraguense Pro-Derechos Humanos …