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International Law - Retroactive Recognition Of De Facto Government Not Invalidation Of Acts Of Prior De Jure Government, Duncan Noble S.Ed. Dec 1953

International Law - Retroactive Recognition Of De Facto Government Not Invalidation Of Acts Of Prior De Jure Government, Duncan Noble S.Ed.

Michigan Law Review

On December 12, 1949, the Chiang regime on Formosa accepted the offer of an American group headed by General Chennault to purchase the physical assets of the Nationalist-operated Central Air Transport Corporation, including forty aircraft located at Hong Kong. The British government ceased to recognize the Nationalists as the de jure government of China on January 5, 1950. Thereafter the British announced that they recognized the Communist regime as the de facto government of those parts of China they actually controlled, effective October 1, 1949, the date the Communists had proclaimed themselves the government of China. The Chennault corporation brought …


Notes, Michigan Law Review Nov 1953

Notes, Michigan Law Review

Michigan Law Review

The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.


Corrigendum, Michigan Law Review Nov 1953

Corrigendum, Michigan Law Review

Michigan Law Review

A correction for a previous article, "On Amending the TreatyMaking Power: A Comparative Study of the Problem of Self-Executing Treaties," in the June 1953.


On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss Jun 1953

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …


Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed. Jun 1953

Executive Agreements And The Proposed Constitutional Amendments To The Treaty Power, John F. Spindler S.Ed.

Michigan Law Review

The advent of the present administration has brought into full bloom a hardy perennial among the annual crop of proposed constitutional amendments. The emergence of the United States from World War II as the leader of the free nations of the world and distrust of the rapid expansion of executive power under the Roosevelt Administration have given impetus to a movement to check any further expansion of the presidential power to conduct our foreign relations. In addition, many people are alarmed by the possibility that this country might become a party to international agreements which would operate to alter or …


International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel Feb 1953

International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel

Michigan Law Review

The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …


International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed. Feb 1953

International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed.

Michigan Law Review

"The effect of war upon the existing treaties of belligerents is one of the unsettled problems of the law." At one time, writers on international law felt that war, ipso facto, abrogated all bilateral treaties between the combatants, with the exception of those treaties especially designed to regulate the conduct of hostilities. The modern trend is to a more flexible approach; the courts attempt to discern the intention of the parties at the time they concluded the treaty or deal with the problem pragmatically, preserving or annulling the treaties as the necessities of war exact. Disagreement persists, however, and it …


International Law-Jurisdiction Of International Court Of Justice, Duncan Noble S.Ed. Jan 1953

International Law-Jurisdiction Of International Court Of Justice, Duncan Noble S.Ed.

Michigan Law Review

On May 1, 1951, Iranian legislation enacting the so-called nationalization of the oil industry in Iran received the imperial assent. Thus was set in motion the increasingly bitter course of events whereby Iran has practically cut herself off from the western world. A not insignificant element in these events is the abortive effort of the British to deal with the problem through the International Court of Justice. On July 5, 1951, the United Kingdom obtained an order from the Court designed to maintain the status quo pending further judicial proceedings. In the subsequent course of these proceedings the U .K. …