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Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner Jan 1987

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …


Economic Sanctions And International Terrorism, Kenneth W. Abbott Jan 1987

Economic Sanctions And International Terrorism, Kenneth W. Abbott

Vanderbilt Journal of Transnational Law

In this Article I hope to take at least a step toward clarifying these matters by presenting a framework for the analysis of antiterrorism sanctions and using that framework to discuss several of the sanctions that the United States currently employs.

Parts Two and Three of this Article set out the elements of the framework. Part Two begins by describing the varying forms or levels of state involvement in terrorism, shown graphically in Figure 1. All forms of state involvement are not alike, at least analytically, and Part Two will discuss the appropriateness of employing sanctions or other measures of …


Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf Jan 1987

Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf

Faculty Articles

In 1987, the 6th annual American Red Cross-Washington College of Law Conference on International Humanitarian Law convened to discuss the 1977 Protocols Additional to the 1949 Geneva Conventions. This article outlines the proceedings of the various workshops, serving as a richly detailed scholarly source for a significant historical event.


Preliminary Thoughts On Some Unresolved Questions Involving The Law Of Anticipatory Self-Defense, Rex J. Zedalis Jan 1987

Preliminary Thoughts On Some Unresolved Questions Involving The Law Of Anticipatory Self-Defense, Rex J. Zedalis

Case Western Reserve Journal of International Law

No abstract provided.


American Bombing Of Libya: An International Legal Analysis, Gregory Francis Intoccia Jan 1987

American Bombing Of Libya: An International Legal Analysis, Gregory Francis Intoccia

Case Western Reserve Journal of International Law

No abstract provided.


The April 14, 1986 Bombing Of Libya: Act Of Self-Defense Or Reprisal, Jeffrey Allen Mccredie Jan 1987

The April 14, 1986 Bombing Of Libya: Act Of Self-Defense Or Reprisal, Jeffrey Allen Mccredie

Case Western Reserve Journal of International Law

No abstract provided.


Self-Help In Combatting State-Sponsored Terrorism: Self Defense And Peacetime Reprisals, Guy B. Roberts Jan 1987

Self-Help In Combatting State-Sponsored Terrorism: Self Defense And Peacetime Reprisals, Guy B. Roberts

Case Western Reserve Journal of International Law

No abstract provided.


Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton Oct 1986

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

William & Mary Law Review

No abstract provided.


Eligible Claimants Under Lump Sum Agreements, Richard B. Lillich Jul 1986

Eligible Claimants Under Lump Sum Agreements, Richard B. Lillich

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights


U.S. Covert Operations Against Nicaragua And Their Legality Under Conventional And Customary International Law, James P. Rowles Apr 1986

U.S. Covert Operations Against Nicaragua And Their Legality Under Conventional And Customary International Law, James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.


Inhibiting Reliance Of Biological Weaponry: The Role And Relevance Of International Law, Richard A. Falk Jan 1986

Inhibiting Reliance Of Biological Weaponry: The Role And Relevance Of International Law, Richard A. Falk

American University International Law Review

No abstract provided.


Protection Of Civilians Against The Effects Of Hostilities Under Customary International Law And Under Protocol I, Waldemar A. Solf Jan 1986

Protection Of Civilians Against The Effects Of Hostilities Under Customary International Law And Under Protocol I, Waldemar A. Solf

American University International Law Review

No abstract provided.


Law And Power: Some Reflections On Nicaragua, The United States, And The World Court, Theodore M. Lieverman Jan 1986

Law And Power: Some Reflections On Nicaragua, The United States, And The World Court, Theodore M. Lieverman

Maryland Journal of International Law

No abstract provided.


Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane Jan 1986

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.


Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus Jan 1986

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.


Terrorism, Malvina Halberstam Jan 1986

Terrorism, Malvina Halberstam

Articles

No abstract provided.


Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson Jan 1986

Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson

Washington and Lee Law Review

No abstract provided.


Terror And Terrorism: There Is A Difference, David F. Forte Jan 1986

Terror And Terrorism: There Is A Difference, David F. Forte

Law Faculty Articles and Essays

To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …


Books Received, Law Review Staff Jan 1986

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

================

ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

=============

THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

============

SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

=============

SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …


Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton Jan 1986

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


The Exuberant Pathway To Quixotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau Jan 1986

The Exuberant Pathway To Quixotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Vanderbilt Journal of Transnational Law

By holding that antitrust claims are arbitrable, the United States Supreme Court may have wanted to minimize, if not eliminate, the possibility that dilatory practices could thwart the international arbitral process. Faced with a potentially ruinous contractual relationship and the prospect of arbitration, a disgruntled party (like Soler) might find that it has no other remedy than postponing the day of reckoning. Raising the possibility that the entire transaction is illicit because of antitrust violations at least generates delay and might undermine the arbitration, staving off the possibility of resolution.


The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau Jan 1986

The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Faculty Scholarship

The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution. Indeed, the transnational consensus on commercial arbitration is exceptional - a rare example of viable cohesion in the fragmented arena of international affairs. The unifying spirit of the 1958 New York Arbitration Convention, the uniformity of approach among national courts to the implementation of the Convention, and national legislation supportive of the emerging international consensus on arbitration attest to a willingness to eradicate parochial concerns, to respond to felt needs, and to achieve functional international cooperation.

The United States …


Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch Jan 1986

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …


Cumulative Subject Index To Volumes 1-17, Index Jan 1986

Cumulative Subject Index To Volumes 1-17, Index

Case Western Reserve Journal of International Law

cumulative subject index


The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, F. V. Garcia Amador Oct 1985

The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.


Protection Of Intellectual Propert - Patent, Copyright, And Trade Secret Law In The United States And Abroad, Andrew G. Rodau Jul 1985

Protection Of Intellectual Propert - Patent, Copyright, And Trade Secret Law In The United States And Abroad, Andrew G. Rodau

North Carolina Journal of International Law

No abstract provided.


An International Law Of Guerrilla Warfare: The Global Politics Of Law-Making, By Keith Suter, Howard S. Levie Jan 1985

An International Law Of Guerrilla Warfare: The Global Politics Of Law-Making, By Keith Suter, Howard S. Levie

Maryland Journal of International Law

No abstract provided.


Legal Problems Of Seabed Boundary Delimitation In The East China Sea, By Ying-Jeou Ma, With A Foreword By Louis B. Sohn, Choon-Ho Park Jan 1985

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, By Ying-Jeou Ma, With A Foreword By Louis B. Sohn, Choon-Ho Park

Maryland Journal of International Law

No abstract provided.


Peacetime Unilateral Remedies: An Analysis Of Countermeasures, By Elisabeth Zoller, George A. Lopez Jan 1985

Peacetime Unilateral Remedies: An Analysis Of Countermeasures, By Elisabeth Zoller, George A. Lopez

Maryland Journal of International Law

No abstract provided.


Political And Strategic Issues In The Gulf, By Dr. Sayed Hassan Amin, Gary S. Samore Jan 1985

Political And Strategic Issues In The Gulf, By Dr. Sayed Hassan Amin, Gary S. Samore

Maryland Journal of International Law

No abstract provided.