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Articles 31 - 60 of 60
Full-Text Articles in Law
The Modern Version Of The Shot Heard 'Round The World: America's Flawed Revolution Against The International Criminal Court And The Rest Of The World, Sasha Markovic
Cleveland State Law Review
At a conference in Rome, nations from around the globe created the International Criminal Court to hold accountable and punish those responsible for genocide, war crimes and crimes against humanity. When the moment of truth arrived for the United States, the United States opposed the formation of the International Criminal Court. Moreover, in response to the existence of the Court, the United States took measures to insulate itself from the jurisdiction of the Court by enacting the American Servicemembers' Protection Act. The United States justified its opposition and actions against the Court by stating that the Court was a fatally …
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden
Cleveland State Law Review
This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone
Cleveland State Law Review
The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
Cleveland State Law Review
This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
The Genesis Of Russian Secured Transaction Law Before 1917, Konstantin Osipov
Cleveland State Law Review
This article will begin by briefly explaining the characteristics of methods of securing performance of obligations in Russia. Then the article will focus on one method of securing the performance of obligations, namely the mortgage/pledge being used in Russian law under one common term-zalog. The article will trace the development of the mortgage/pledge from Roman law, and then will examine the role of the zalog in Russian law prior to 1917. A historical examination of the methods of securing the performance of obligations is especially relevant today since the developing Russian law is utilizing concepts as they existed prior to …
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
Cleveland State Law Review
The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
From Nuremberg To Bosnia: Consistent Application Of International Law, Lara Leibman
Cleveland State Law Review
This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of …
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
Cleveland State Law Review
In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Implications Of The United States Ratification Of The United Nations Convention On The Rights Of The Child: Civil Rights, The Constitution And The Family, Barbara J. Nauck
Cleveland State Law Review
This note begins with an examination of why the UNCRC has yet to be ratified in this country. The perspective of children's rights advocates is discussed. A comparison of Romano-Germanic and common law is presented to facilitate an understanding of the major differences that affect the way the UNCRC is viewed under the two systems. The effect of a treaty, self-executing or not, in United States' courts is examined. Civil Rights Articles 13, 14,15 and 16 in the Convention are linguistically analyzed and the United States law applicable to each Article is reviewed for its compatibility with the UNCRC. This …
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
The Sixth Circuit's Unprecedented Reopening Of Demjanjuk V. Petrovsky, Deborah Roy
Cleveland State Law Review
In light of the criticism that the Sixth Circuit has received, this note will examine the authority of the court to reopen the Demjanjuk case in June, 1992.
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
The Legal Regulation Of Foreign Investment In Russia, Vladimir F. Popondopulo
Cleveland State Law Review
The legal regulation of foreign investment in Russia is carried out in accordance with the Statute of the Russian Federation dated July 4, 1991, entitled, "Concerning Foreign Investment in the Russia Federation and in accordance with several other basic laws. The statute prescribes the concept of foreign investment and the forms in which it may take effect, the procedure for the creation, operation and liquidation of foreign investment business enterprises, the procedure for the acquisition by foreign investors of ownership shares in the enterprise, its stock or other securities, the procedure for the acquisition by the foreign investor of the …
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Legal Problems Of Vocational And Professional Training During The Soviet Period Of Stagnation, Yuri I. Luryi
Cleveland State Law Review
This article investigates the legal methods used to regulate professional training under Soviet labor law. It will examine relevant norms of labor legislation, the views of Soviet labor law specialists, and existing practice.
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Forcing Sovereign Conformity: The Comprehensive Anti-Apartheid Act Of 1986, Joseph L. Miljak
Cleveland State Law Review
One focus of this Note is to analyze the international repercussions of the Anti-Apartheid Act within the context of United States foreign policy, the sovereignty rights of South Africa, the jurisdiction of United States courts to pass on violations of the Act, and United Nations provisions governing interference with the economy of a foreign government. However, before any discussion of the international legality of this Act can take place, its domestic legality must be determined. Therefore, before looking to international justifications for the Act, this Note will analyze it within the context of United States constitutional law. This analysis will …
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
The Foreign Affairs Power: The Dames & (And) Moore Case, David F. Forte
Cleveland State Law Review
In 1981, the Supreme Court decided Dames & Moore v. Regan. According to the modest view of the majority opinion, the Dames & Moore case is not even a brick, with or without straw. As Justice Rehnquist stated for the Court: "We attempt to lay down no general 'guide-lines'...and attempt to confine the opinion only to the very questions necessary to the decision of the case." A second look, however, reveals that in Dames & Moore, the Supreme Court did more than resolve some of the sticky legalities that were part of a serious foreign policy crisis. It also moved …
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Cleveland State Law Review
Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra
Cleveland State Law Review
Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
The Final Act Of The Helsinki Conference: An Artists' Liberation Movement Or A Voyage To Laputa, James A. R. Nafziger
Cleveland State Law Review
The Final Act of the Conference on Security and Co-Operation in Europe, often referred to as the "Helsinki Accords," has important implications for art and artists. The Final Act applies to three broad categories of art law issues: cultural cooperation and exchange of cultural material; the rights of individual artists; and other international cooperation. This study will examine each of these categories in the context of a current or recent problem, consider pertinent provisions of the Final Act, and conclude with a brief recommendation and forecast.
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Cleveland State Law Review
Contrary to the extensive immunities granted to members of the diplomatic service, members of consular posts are given only limited privileges and immunities. The existence and limitation of consular immunities arise by virtue of the office. Thus the consular officer can be called upon to testify in both civil and criminal matters under common law, international law, and treaty provision. In the absence of a treaty, consuls are generally exempt from giving testimony relating to matters acquired within the scope of their official duties or as to material contained in the consular archives. The purpose of this paper is to …
Law Of Outer Space - Summarized, Jeffrey Prevost
Law Of Outer Space - Summarized, Jeffrey Prevost
Cleveland State Law Review
I hope that by this paper I can show that the body of knowledge concerning outer space, and the present capabilities of exploitation of space actually warrant immediate codification of boundaries of permissible extraterrestrial activities. The rate of change of acquisition of scientific knowledge and technological ability has increased geometrically since the end of the Dark Ages. From this it should be evident that, even if we feel that space does not warrant our legal consideration at this stage of development, the time of practical exploitation may be so close at hand that a prior formulation of policy and law …
Warsaw Convention: Treaty Under Pressure, Jay Levine
Warsaw Convention: Treaty Under Pressure, Jay Levine
Cleveland State Law Review
The major United States and foreign airlines have agreed to absolute liability for provable damages up to $75,000 for injury or death of passengers on Warsaw Convention flights to, from, or stopping in, the United States. For the vast majority of Americans on international flights, the Agreement disposes of the Convention's liability limit of $8,300.3 And the Lisi opinion of the Second Circuit may make the Convention a dead letter for accidents occurring before the Agreement.
Book Review, W. Paul Gormley
Book Review, W. Paul Gormley
Cleveland State Law Review
Reviewing Ruth C. Lawson, International Regional Organizations: Constitutional Foundations, Praeger & Co., 1962
Book Review, Rathuel Mccollum
Book Review, Rathuel Mccollum
Cleveland State Law Review
Reviewing International Problems of Financial Protection Against Nuclear Risk, Atomic Industrial Forum, Inc., 1959
Book Review, William Samore
Book Review, William Samore
Cleveland State Law Review
Reviewing Philip C. Jessup, The Use of International Law, University of Michigan Law School, 1959
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Negotiation Principles: In Law Or World Affairs, Charles P. Taft
Cleveland State Law Review
Negotiation should be part of every law school curriculum-as a required course. Every lawyer soon learns, in active practice, how important it is. There are certain principles of sound negotiation (or "dickering," in colloquial speech) that every lawyer should know-or anyone engaged in any profession, business or enterprise, for that matter. These principles apply almost exactly alike to a negotiation involving a legal action or to one involving national or international frictions-to settlement of a personal injury claim, or a dispute between the United States and Russia.
The Warsaw Convention's Damages Limitations, William B. Wright
The Warsaw Convention's Damages Limitations, William B. Wright
Cleveland State Law Review
The Convention for the Unification of Certain rules relating to International Transportation by Air, popularly known as the Warsaw Convention, regulates the conditions of international transportation by air with respect to the documents used for such transportation by air with respect to the documents used for such transportation and the liability of the carrier. This paper relates particularly to the limitation this treaty places on the rights of passengers and their dependents to recover damages for personal injury or death.
The Treaty-Making Power Is Not A Peril, Moses H. Moses
The Treaty-Making Power Is Not A Peril, Moses H. Moses
Cleveland State Law Review
In the United States the treaty-making power is vested in our President and the Senate. Many persons fear this power; they feel that it is so great that it could be used as an instrument to destroy our American democracy. They fear that by treaty the Constitution of the United States may be repealed and replaced by political concepts that are multifarious to our basic freedoms. Because of the structure of our government I feel that these fears are not well substantiated.
An International Bill Of Rights For Prisoners Of War, John Mcginness
An International Bill Of Rights For Prisoners Of War, John Mcginness
Cleveland State Law Review
On August 12, 1949 plenipotentiaries of sixty-one nations of the world, including the United States and the Soviets, concluded a Convention at Geneva which revised the Geneva Convention of July 27, 1929 relative to the treatment of prisoners of war. Many of these revisions are based upon the experiences of World War II. Although neither the United States nor the Soviets have ratified this Convention, the United States Forces in Korea have been, and are, under instructions to observe their provisions at all times. This Convention appears to be a positive step forward in the clarification of international law as …