Digital Commons Network^™

State Trading: Its Nature And International Treatment, Edmond M. Ianni

Northwestern Journal of International Law & Business

At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …

Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens

Northwestern Journal of International Law & Business

Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …

International Sanctions In Theory And Practice, Margaret Doxey

Case Western Reserve Journal of International Law

No abstract provided.

Nonaggressive Sanctions In The International Sports Arena, James A.R. Nafziger

Case Western Reserve Journal of International Law

No abstract provided.

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

Reflections On Criminal Jurisdiction In International Protection Of Cultural Property, M. Cherif Bassiouni

Syracuse Journal of International Law and Commerce

This article focuses on the issue of jurisdiction in international agreements concerning the protection of cultural property.

Chemical And Biological Warfare: Focus On Asia, Lee D. Klein

Vanderbilt Journal of Transnational Law

This Note concludes that (1) the Geneva Protocol of 1925 and the Biological Weapons Convention of 1972 provide conventional restraints upon the use of lethal or seriously injurious CBWs; (2) modern treaties, customs, judicial decisions, and writings form a public international law norm that imposes a legal restraint limiting the use of lethal or seriously injurious CBWs and binding all states regardless of their acceptance of conventional prohibitions; and (3) the law of war today is characterized more accurately as the "law of armed conflict," because it must of necessity apply to conflicts that are not purely interstate. Before discussing …

The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Casebook on Carriage by Sea.

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.

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Casebook on Shipping Law

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.

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Regional Development Agencies in Europe

Edited by Douglas Yuill

Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.

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United States Trade Policy Legislation: A Canadian View

By Rodney de C. Grey

Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.

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Transfer of Technology: U.S. Multinationals and Eastern Europe

By Marilyn L. Liebrenz

New York: Praeger Publishers, 1982. …

The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-14, Index

Case Western Reserve Journal of International Law

cumulative subject index

On Clandestine Warfare, Robert E. Rodes, Jr.

Washington and Lee Law Review

No abstract provided.

Clandestine Warfare: Morality And Practical Problems Confounded, John F. Murphy

Washington and Lee Law Review

No abstract provided.

Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.

Washington and Lee Law Review

No abstract provided.

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

In Anticipation Of Subterrestrial Delimitation, D. S. Avery

UC Law SF International Law Review

The interior of the earth has scarcely been touched upon in jurisprudence. Although the principle of dominion under land by the owner of surface property has been in existence since the time of Roman law, the need to address the question of who owns inner-earth is long overdue. This Article attempts to answer that question by examining modem delimitation theories that have been applied to the oceans and the atmosphere within the context of the physical interior of the earth. The author suggests the use of the Mohorovicic discontinuity for inner-earth delimitation and invites further inquiry from scholars, scientists, and …

Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb

Fordham International Law Journal

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

Conditioning U.S. Security Assistance On Human Rights Practices, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of I he officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and …

The Israeli Aerial Attack Of June 7, 1981 Upon The Iraqi Nuclear Reactor: Aggression Or Self-Defense?, W. Thomas Mallison, Sally V. Mallison

Vanderbilt Journal of Transnational Law

On June 7, 1981, the State of Israel conducted an aerial attack on the Iraqi nuclear reactor known as Tamuz I located near Baghdad. The attack was carried out by F15 and F16 aircraft supplied by the United States. The reactor was damaged severely and three Iraqi civilians and one French technician were killed. On June 8 Israel announced the attack and described it as an act of legitimate self-defense, claiming Iraq planned to construct nuclear weapons. On the same day the Republic of Iraq requested an urgent meeting of the United Nations Security Council to consider what it described …

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

Trigger Prices Under Floating Exchange Rates: A Dubious Experiment In Trade Policy, Gerhard Rosegger

Case Western Reserve Journal of International Law

No abstract provided.

Settlement Of The Namibian Dispute: The United States Role In Lieu Of U.N. Sanctions, Deneice C. Jordan-Walker

Case Western Reserve Journal of International Law

No abstract provided.

Export Controls To China: An Emerging Trend For Dual-Use Exports, Sally A. Meese

Maryland Journal of International Law

No abstract provided.

Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

International Traffic In Arms -- Legal And Political Aspects Of A Long Neglected Problem Of Arms Control And Disarmament, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Next Decade In Latin America: Anticipating The Future From The Past, Robert J. Radway

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Recent Developments In The Constitutions Of Asian Marxist-Socialist States, Chin Kim

Case Western Reserve Journal of International Law

No abstract provided.