Law Commons^™

A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein

Michigan Law Review

The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.

International Law-Power Of Government-In-Exile To Enact Valid Legislation, John C. Hall S.Ed.

Michigan Law Review

After occupying the Netherlands, Germany confiscated bonds of Netherlands nationals and sold them in the black market. Archimedes, an American national, purchased such bonds from a Swiss firm in violation of the Trading with the Enemy Act and executive freezing order. The bonds were placed in a blocked account in the Federal Reserve Bank. A suit by the Netherlands was removed to the New York federal district court and Archimedes was interpleaded. The Netherlands claimed title under a decree made in exile vesting protective title in the Netherlands government. While holding that the complaint stated a cause of action, the …

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 …

Calvocoressi: Nuremberg: The Facts, The Law, And The Consequences, Michigan Law Review

Michigan Law Review

A Review of NUREMBERG: THE FACTS, THE LAW, AND THE CONSEQUENCES. By Peter Calvocoressi.

Neutral Convoys In Law And Practice, Benjamin Akzin

Michigan Law Review

The following study, based on law and past practice, aims at clarifying the status of neutral convoys in relation to the problem of convoying American supplies to Great Britain in the present war as it stood under the Neutrality Act of 1939. The question at issue touches both upon international law and American constitutional law. Both these aspects are investigated in the following pages.

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

Treaties-Effect Of War On Commercial Treaties

Michigan Law Review

The Sophie Rickmers, a German merchant vessel registered at Hamburg and owned by a German corporation with principal place of business there, entered New York Sept. 27, 1921. Upon its entry a tonnage duty of fifty cents per ton was collected under U. S. Rev. Stat. sec. 4219 as amended by 19 Stat. 250 (46 U. S. C. A. 121), and sec. ,4225 (46 U. S. C. A. 128), in addition to the six-cent tonnage duty under 36 Stat. 111 (46 U. S. C. A. 121). The treaty of the United States made in 1827 with the Hanseatic Republics, 1 …

Conflict Of Laws-Renvoi Doctrine

Michigan Law Review

H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …

The United States And The Mandates, Quincy Wright

Michigan Law Review

Although the United States has not yet become a member of the League of Nations nor burdened itself with any responsibilities in regard to the mandatory system established by that instrument for the government of former German and Turkish colonies, nevertheless (1) American influence was all important in gaining acceptance of the system by the Paris Peace Conference. (2) American influence was again felt in the process of putting the system into practical operation. (3) Finally the right of America to influence the future operation of the mandates irrespective of her ultimate relation to the League of Nations has been …