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How Persistent Must The Persistent Objector Be?, David A. Colson
How Persistent Must The Persistent Objector Be?, David A. Colson
Washington Law Review
This essay has three parts. The first part discusses several ways states invoke international law which provide the opportunity for a persistent objector to make its views known. The second part, following the second part of Ted Stein's essay, addresses the formation of customary law and the legal relationships between States and the means by which objections to the formation of such law may be made. The third part suggests that any answer to the question of "how persistent must the persistent objector be" must take into account the context in which the principle is applied.
Ted L. Stein On The Iran-U.S. Claims Tribunal—Scholarship Par Excellence, Mark B. Feldman
Ted L. Stein On The Iran-U.S. Claims Tribunal—Scholarship Par Excellence, Mark B. Feldman
Washington Law Review
I am fortunate to have known Ted Stein as professional colleague and friend during his years at the Office of the Legal Adviser, where he was one of the brightest of a very bright group of young staff attorneys. His analysis of legal problems relating to the conduct of United States foreign relations was always original and helpful, and his contribution was beyond his years. We have been deprived of a great deal by Ted's untimely death, but the work he was able to accomplish in so short a time was extraordinary. In the pages that follow, I would like …
Rights For Canadian Members Of International Unions Under The (U.S.) Labor-Management Reporting And Disclosure Act, Alan Hyde
Washington Law Review
This article addresses the question of whether the short answer makes sense; whether, in other words, Canadian members of international unions based in the United States acquire any rights under the Labor-Management Reporting and Disclosure Act (LMRDA) which they can enforce in the courts of the United States. It concludes that Canadian members of United States-based international unions may sue their internationals in United States courts for violation of the LMRDA.
"Generally Accepted" International Rules, Louis B. Sohn
"Generally Accepted" International Rules, Louis B. Sohn
Washington Law Review
It is universally agreed that "usages generally accepted as expressing principles of law" constitute one of the main sources of international law. It is the purpose of this paper to investigate how a rule becomes "generally accepted" as a part of customary international law. There are several different ways in which international law deals with this subject. Ordinarily, a rule is considered generally accepted when it is supported by constant practice of states acting on the conviction that the practice is obligatory. Alternatively, an international agreement sometimes incorporates certain rules as ones considered to be generally accepted; or an agreement …
Uniformity And Diversity In A Divided-Power System: The United States' Experience, Eric Stein
Uniformity And Diversity In A Divided-Power System: The United States' Experience, Eric Stein
Washington Law Review
The modest purpose of this paper is to inquire, in a specific contemporary context, why, by whom, and through what process a uniform rule is accepted or imposed in place of diverse rules. The first, methodological part of the paper offers a pattern for an analysis; the second part applies the pattern and illustrates the working of the process in the field of family law. I have chosen family law because in that field there has traditionally been concern for regional differences and because there has been an instructive interplay between regional and central powers. It may not come as …
International Agreements And The Development Of Customary International Law, Jonathan I. Charney
International Agreements And The Development Of Customary International Law, Jonathan I. Charney
Washington Law Review
It has never been clear, however, which circumstances of negotiation and conclusion of international agreements contribute to new rules of customary law. The issues can be appreciated if one goes beyond generalities and explores the relationship of specific agreements to customary law. Such an examination has been facilitated by the American Law Institute's Restatement of the Foreign Relations Law of the United States (Revised) which contains a contemporary review of a wide range of public and private international law topics. This Restatement represents the views of some of the best international law experts of the United States and abroad. It …
Reaccepting The Compulsory Jurisdiction Of The International Court Of Justice: A Proposal For A New United States Declaration, Douglas J. Ende
Reaccepting The Compulsory Jurisdiction Of The International Court Of Justice: A Proposal For A New United States Declaration, Douglas J. Ende
Washington Law Review
This Comment analyzes the administration's cessation of its obligations under the ICJ's compulsory jurisdiction and concludes that the decision was unwarranted in failing to recognize valid alternatives which answer objections to the Court's alleged politicization. An examination of the role of compulsory jurisdiction in ICJ adjudication, United States practice under compulsory jursidiction, and the bases for the administration's decision provide an analytic foundation for the evaluation of alternatives to outright termination. Those alternatives are analyzed in light of the administration's specific grievances. The Comment recommends reconsideration of the decision and adoption of procedural innovations in the form of proposed "reservations" …
The International Law Commission's Study Of International Liability For Nonprohibited Acts As It Relates To Developing States, Daniel Barstow Magraw
The International Law Commission's Study Of International Liability For Nonprohibited Acts As It Relates To Developing States, Daniel Barstow Magraw
Washington Law Review
The International Law Commission of the United Nations is engaged in studying a topic that at least some have argued should encompass aspects of many or all of the issues mentioned above. That topic is titled "International Liability for Injurious Consequences Arising out of Acts Not Prohibited by International Law" (hereinafter "international liability"). Part I of this Article briefly describes the Commission's current approach to international liability. Part II examines that approach in detail as it relates to developing states.
Reflections On The Role Of The International Court Of Justice, Stephen M. Schwebel
Reflections On The Role Of The International Court Of Justice, Stephen M. Schwebel
Washington Law Review
I would like this evening to share with you some reflections on the role of the International Court of Justice in an unjust world. You will appreciate that, while I shall try to speak the truth as I see it, I am not able to speak the whole truth; not only because I do not know it, but because of the constraints of my position and the confidentiality of aspects of the work of the Court. In particular, I shall not speak about matters which are sub judice, either in these remarks or in the answers to questions which some …
Construing The Pelly And Packwood-Magnuson Amendments: The D.C. Circuit Court Harpoons Executive Discretion—American Cetacean Society V. Baldridge, 768 F.2d 425 (D.C. Cir. 1985), Cert. Granted Sub Nom. Japan Whaling Association V. American Cetacean Society, 106 S. Ct. 787 (1986) (Nos. 85-954, 955), Erin K. Flory
Washington Law Review
The court declared that the Secretary of Commerce has no discretion to refuse certifying the Japanese for exceeding the IWC sperm whaling quota. The court permanently enjoined the Secretary from agreeing not to certify, and from failing to certify, any Japanese whaling activities exceeding IWC quotas. The court ordered the Secretary to certify the Japanese sperm whaling under both the Pelly and the Packwood-Magnuson Amendments. On appeal, the District of Columbia Circuit Court of Appeals affirmed the district court decision on slightly different grounds. The Supreme Court granted certiorari and will hear the case during the 1985-86 term. A careful …