Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs
Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs
Vanderbilt Journal of Transnational Law
All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from committing future atrocities. Generally, the main protection against arbitrary and unjustified administrative detentions is judicial review. Nonetheless, judicial review of administrative detention proceedings suffers from inherent difficulties and is typically based on ex parte proceedings and secret evidence. In spite of these difficulties and based on a few renowned cases, it is widely accepted in the scholarly debates that the Israeli judicial review model is robust and effective. Therefore, prominent international law scholars often recommend the adoption of this model in various …
The Dog That Caught The Car: Observations On The Past, Present, And Future Approaches Of The Office Of The Legal Adviser To Official Acts Immnunities, John B. Bellinger Iii
The Dog That Caught The Car: Observations On The Past, Present, And Future Approaches Of The Office Of The Legal Adviser To Official Acts Immnunities, John B. Bellinger Iii
Vanderbilt Journal of Transnational Law
The Supreme Court's decision in Samantar v. Yousuf vindicated the position of the State Department's Office of the Legal Adviser, which had long argued that the immunities of current and former foreign government officials in U.S. courts are defined by common law and customary international law as articulated by the Executive Branch, rather than by the Foreign Sovereign Immunities Act of 1976. But the decision will place a burden on the Office of the Legal Adviser, which will now be asked to submit its views on the potential immunity of every foreign government official sued in the United States. The …
Order In The Court: Judicial Stability And Democratic Success In Haiti, Ben J. Scott
Order In The Court: Judicial Stability And Democratic Success In Haiti, Ben J. Scott
Vanderbilt Journal of Transnational Law
Haiti faces many challenges in its attempt to build a stable, liberal democracy. Haitians have endured a legacy of chaotic and heavy-handed rule in recent decades, and the success of democracy in Haiti is both hoped for and doubted by Haitians and the international community. One reason for the doubts has been the failure of the Haitian government successfully to implement free and fair elections. Citizens and candidates are often hesitant even to participate in elections. Though both were tragic, neither the failed legislative and presidential elections of 2000, nor the subsequent coup d'etat in 2004 that resulted in the …
Advancing U.S. Interests With The International Criminal Court, David J. Scheffer, Ambassador
Advancing U.S. Interests With The International Criminal Court, David J. Scheffer, Ambassador
Vanderbilt Journal of Transnational Law
It is a great pleasure to be here in this beautiful lecture hall at Vanderbilt University Law School and to have the opportunity to speak to you this afternoon about the International Criminal Court (ICC). In recent months, one newspaper or magazine article after another, in examining the foreign policy of the current administration and the gulf (which seems to be so pronounced now) between the United States and even its closest allies throughout the rest of the world, has listed a basic set of treaties as being partly explanatory of that gulf. The Kyoto Protocol, for example, is always …
International Law In Mexican Courts, Jorge Cicero
International Law In Mexican Courts, Jorge Cicero
Vanderbilt Journal of Transnational Law
Recognizing the increasing importance of international law in Mexico, this Article addresses the actual and potential uses of international law in Mexican courts. The Article reviews the ways in which the Mexican system already ensures the judicial consideration of international undertakings, as well as areas of possible improvements. The Article first considers the role and status of international law in the Mexican legal order, including the domestic status of international treaties and agreements, as well as the interaction between national and international norms. Next, the Article focuses on ways to ensure the consideration of international legal questions by Mexico's high …
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt
Vanderbilt Journal of Transnational Law
In today's global market, disputes between U.S. and foreign parties have become a common occurrence. Courts in the United States, as well as other nations, frequently face new and complex international litigation problems. A common problem for many courts centers on the practical, mechanical requirements of bringing a lawsuit.
In this Article, the author examines the service of process of U.S. complaints for punitive damages to residents of Germany. In particular, Ms. Lenhardt analyzes the recent German Constitutional Court's ruling on international service of process. In addition, the author reviews the requirements of the Hague Convention on Service Abroad and …
Books Received, Law Review Staff
Books Received, Law Review Staff
Vanderbilt Journal of Transnational Law
Books Received
Consensus and Confrontation: The United States and the Law of the Sea Convention
By Jon M. Van Dyke.
Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50
Free Flow of Information; A New Paradigm. By Achal Mehra
Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95
The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00
A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand
By Jerome B. Elkind and Antony Shaw
New York: Oxford …
Books Received, Journal Staff
Books Received, Journal Staff
Vanderbilt Journal of Transnational Law
AIR CHARTER REGULATION
By Jaap Kamp
New York: Praeger Publishers, 1976. Pp. 162. $16.50.
================
ANATOMY OF INTERNATIONAL LAW
By J.G. Merrills
London: Sweet& Maxwell, 1976. Pp. 106. $7.55.
============
AUSTRALIAN LAWYERS AND SOCIAL CHANGE
Edited by David Hambly & John Golding
Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.
================
COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN
By Arnold Leibowitz
New York: Praeger Publishers, 1976. Pp. 221.$20.00.
===============
THE DEVELOPING COMMON MARKET
By John Paxton
Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.
==============
ERSKINE MAY'S PARLIAMENTARY PRACTICE
Edited by Sir David Lidderdale
London: Butterworths, 1976. …