Digital Commons Network^™

The People's Republic Of China, International Law And Arms Control, By David I. Salem, Shao-Chuan Leng

Maryland Journal of International Law

No abstract provided.

East Asia And The Law Of The Sea, By Choon-Ho Park, Lyou Byung Hwa

Maryland Journal of International Law

No abstract provided.

The Exclusive Economic Zone: A Latin American Perspective, Edited By Francisco Orrego Vicuña, Timothy Hudson

Maryland Journal of International Law

No abstract provided.

The International Law Of The Sea, By D. P. O'Connell, Edited By I. A. Shearer, Martin Ira Glassner

Maryland Journal of International Law

No abstract provided.

The Ussr, Eastern Europe And The Development Of The Law Of The Sea, Compiled, Translated And Edited By William E. Butler, Daniel J. Dzurek

Maryland Journal of International Law

No abstract provided.

Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki

Northwestern Journal of International Law & Business

This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …

The Paquete Habana: A Case History In The Development Of International Law, Scott W. Stucky

University of Baltimore Law Review

In The Paquete Habana, decided in 1900, the United States Supreme Court adopted the doctrine that coastal fishing vessels are exempt from capture as prize of war. The Court held that the exemption was an established custom of international law, which—in the absence of a controlling executive or judicial decision—should be incorporated into the corpus of our common law. The Paquete Habana influenced the development of positive rules of international law that expanded the class of civilian vessels that are exempt from capture. Recently, the lower federal courts have begun to utilize The Paquete Habana as precedent for the incorporation …

The Christian Peace Ethic And The Doctrine Of Just War From The Point Of View Of International Law, Jost Delbruck, Klaus Dicke

Articles by Maurer Faculty

No abstract provided.

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Articles by Maurer Faculty

No abstract provided.

Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher

Vanderbilt Journal of Transnational Law

This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …

Soviet Prisoners In The Afghan Conflict, Mary Ellen O'Connell

Journal Articles

In May 1982, the International Committee of the Red Cross negotiated an agreement that facilitates prisoner of war exchanges from the Afghan conflict. Despite its creation, numerous problems exist that hinder its effective implementation. This Article examines those problems and discusses the benefits of these types of agreements. Ultimately, it is proposed that the ICRC should continue its efforts to develop these agreements to continue improving the international law that governs civil war and internal conflict.

Book Review, Andrew W. Markley

Case Western Reserve Journal of International Law

No abstract provided.

Demilitarization And Arms Control: Antarctica, Harry H. Almond Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Attempts To Liberalize International Trade In Agriculture And The Problem Of The External Aspects Of The Common Agricultural Policy Of The European Economic Community, J. Kodwo Bentil

Case Western Reserve Journal of International Law

No abstract provided.

The Quest For World Order: The Legacy Of Optimism Re-Examined, Richard A. Falk

Dalhousie Law Journal

President MacKay, ladies and gentlemen, it is a great honour for me to be here as a Killam lecturer. Let me start by telling a story that illustrates the direction of what I want to say. A Frenchman, an American and a Jew were all suffering from an incurable disease. They were told by a doctor that they had three weeks to live and each was asked what he would like to do. True to stereotype, the Frenchman said that he would take his mistress to the country and dine every night at a three-star restaurant. The American said that …

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …

The United States Action In Grenada: An Exercise In Realpolitik, John M. Karas, Jerald M. Goodman

University of Miami Inter-American Law Review

No abstract provided.

The National And International Legal Complications Of Subseabed Emplacement Of High-Level Nuclear Waste, Lynn Carlson

Marine Affairs Theses and Major Papers

High-level radioactive waste produced by nuclear power generation, weapons production, and medical research has been accumulating in temporary storage pools in many countries. A permanent method of disposal will soon benecessary to ensure against contamination of man and the environment. Land-based geologic formations, such as salt domes, are the preferred sites for disposal at this time in the United States. Subseabed emplacement is one option under consideration and the technological aspects of this method are currently being studied. In order to resolve these issues, it is proposed that relevant laws be conditionally amended to legalize subseabed emplacement, but only after …

International Aspects Of The Proposed Commercialization Of United States Civil Land Remote-Sensing, D. Grant Seabolt Jr.

UC Law SF International Law Review

No abstract provided.

The United Nations And The Environment: Sometimes A Great Notion?, George P. Smith Ii

Scholarly Articles

This article presents an historical retrospective of the efforts of the United Nations to deal, rather unsuccessfully, with the global environment.

Today, as in the late 1970’s and the 1980’s, the success of transnational environmental programs cannot be measured within an isolated prism; but, rather, with a realization of resource interdependence. There is no over-arching principle of shared responsibility among the states which acknowledges an obligation for them to compromise sovereignty in the name of promoting the United Nations Environmental Programme (UNEP). The UN’s global protection plan, as it emerged from the 1972 Stockholm Conference on the Human Environment and …

"Damn The Torpedoes!": International Standards Regarding The Use Of Automatic Submarine Mines , Juden Justice Reed

Fordham International Law Journal

This Note synthesizes a customary international standard of usage for automatic submarine mines, taking into account existing international agreements and recent history. It then details the questionable nature of recent mine use in Nicaragua and the Red Sea, as judged against the synthesized standard, and the differing positions on acceptable standards of mine use asserted by the United States.

Cumulative Subject Index To Volumes 1-15, Index

Case Western Reserve Journal of International Law

cumulative subject index

Soviet Reaction To The U.S. Pipeline Embargo: The Impact On Future Soviet Economic Relations With The West, Marshall L. Brown Jr.

Maryland Journal of International Law

No abstract provided.

Foreign State Military Use Of Another State's Continental Shelf And International Law Of The Sea, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

United States Policy Regarding Technology Transfer To The People's Republic Of China, Elizabeth M. Nimmo

Northwestern Journal of International Law & Business

This Comment will focus on the nature and likely effect of the new United States export licensing rules regulating the transfer of technology to China. Part I will address the history and development of United States export control policy to China. Part II will discuss both the ideo- logical debate over the appropriate China technology transfer policy, and the general licensing procedures under the United States Export Admin- istration Act. Part III will analyze the substantial changes in and practi- cal effect of the new licensing guidelines for China, and the policy reasons behind the changes. Part IV will assess …

Revolutions And Treaty Termination, Philip Noonan

Penn State International Law Review (1982 - 2011)

It is a widely accepted principle of international law that ordinary changes in government do not affect treaty obligations. During the course of the twentieth century, however, certain states and some writers have asserted that revolutionary changes in government do affect treaty obligations. Nevertheless, many states continue to adhere to the rigid rule that treaty obligations should not be affected even by radical changes in government. This rule can create anomalous and unreasonable results. Accordingly, it may be better to replace the present blanket rule with a flexible test that encompasses all relevant factors and provides a result in accordance …

The Transnational Boycott As Economic Coercion In International Law: Policy, Place, And Practice, Christopher C. Joyner

Vanderbilt Journal of Transnational Law

Despite the technological and political intricacies that earmark the current international economic system, the transnational boycott remains a prominent technique of international economic coercion.

The transnational boycott can be described as a coercive quasi-conspiratorial combination effort by one state to prevent another state from transacting commercial business. Threats or intimidation may be directed at the target state's customers to induce them to withhold or withdraw their patronage. While the ends and means of transnational boycotts may seem clear, their legal status appears to be open to conjecture. This situation can be attributed in no small part to the more sophisticated …

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.

Reprisal Redux, James Larry Taulbee, John Anderson

Case Western Reserve Journal of International Law

No abstract provided.

Bravo's Fallout: International Law And Nuclear Pollution In The Pacific, Seth Forman

North Carolina Central Law Review

No abstract provided.