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Full-Text Articles in Law

Two Ideas Of International Organization, John H. Barton May 1984

Two Ideas Of International Organization, John H. Barton

Michigan Law Review

Political theory has long sought a philosophical basis for such ideas as law, authority, and freedom - but usually within the context of the nationstate. Only rarely has political theory placed the nation-state in an international framework; and, when it has tried, it has often done poorly. Sometimes the political theory becomes purely altruistic and utopian; at other times it works to support the irresponsibility of individual governments and the breakup of international order.


The Crisis In Arms Control, Harold K. Jacobson May 1984

The Crisis In Arms Control, Harold K. Jacobson

Michigan Law Review

There is general agreement among observers of contemporary international affairs, and national and international officials from all sides, that there is a serious crisis in arms control. As of January 1984, the Soviet Union had broken off two major arms control negotiations: the Intermediate- Range Nuclear Force Talks (INF) and the Strategic Arms Reduction Talks (START). Negotiations in the United Nations Conference on Disarmament (CD) on a variety of arms control issues were stalemated. The United States was engaged in a large-scale military build up, and there was no sign that the Soviet Union would abate the extensive military programs …


Prior Consultation In International Law: A Study Of State Practice, Michigan Law Review Feb 1984

Prior Consultation In International Law: A Study Of State Practice, Michigan Law Review

Michigan Law Review

A Review of Prior Consultation in International Law: A Study of State Practice by Frederic L. Kirgis, Jr.


Equality And Discrimination Under International Law, Michigan Law Review Feb 1984

Equality And Discrimination Under International Law, Michigan Law Review

Michigan Law Review

A Review of Equality and Discrimination Under International Law by Warwick McKean


The Prudent Peace: Law As Foreign Policy, Michigan Law Review Mar 1983

The Prudent Peace: Law As Foreign Policy, Michigan Law Review

Michigan Law Review

A Review of The Prudent Peace: Law as Foreign Policy by John A. Perkins


Managing The Risks Of International Agreement, Michigan Law Review Mar 1982

Managing The Risks Of International Agreement, Michigan Law Review

Michigan Law Review

A Review of Managing the Risks of International Agreement by Richard B. Bilder


How Nations Behave, 2d Ed., Michigan Law Review Mar 1980

How Nations Behave, 2d Ed., Michigan Law Review

Michigan Law Review

A Book Notice about How Nations Behave. 2d ed. by Louis Henkin


Political Theory And International Relations, Michigan Law Review Mar 1980

Political Theory And International Relations, Michigan Law Review

Michigan Law Review

A Book Notice about Political Theory and International Relations by Charles R. Beitz


Compensation And Reward For Saving Life At Sea, Steven F. Friedell May 1979

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …


Order And Chaos: The Role Of International Law In Foreign Policy, Alfred P. Rubin Mar 1979

Order And Chaos: The Role Of International Law In Foreign Policy, Alfred P. Rubin

Michigan Law Review

A Review of Points of Choice by Roger Fisher


Human Rights And The International Legal Order, H. G. Schermers Mar 1979

Human Rights And The International Legal Order, H. G. Schermers

Michigan Law Review

A Review of Human Rights, International Law and the Helsinki Accord edited by Thomas Buergenthal


Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson Nov 1976

Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson

Michigan Law Review

On the Continent, a general theory of customary law has been developed-what I term the Continental theory; it identifies formation and validity as the central issues in the analysis of custom and customary law. Yet the Continental theory, notwithstanding its longevity and continuing favorable reception among international lawyers, is ridden with problems. In particular, as I argue in the following section, the theory fails for want of a coherent position on the formation issue. In the course of my argument, I suggest a classification of the norms of customary law in terms of a generic category broader in scope than …


An International Antitrust Primer, And Foreign Commerce And The Antitrust Laws, Terry Calvani Nov 1975

An International Antitrust Primer, And Foreign Commerce And The Antitrust Laws, Terry Calvani

Michigan Law Review

A Review of An International Antitrust Primer by Earl W. Kintner and Mark R. Joelson, and Foreign Commerce and the Antitrust Laws by Wilbur L. Fugate


Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review Apr 1974

Extraterritorial Jurisdiction And Jurisdiction Following Forcible Abduction: A New Israeli Precedent In International Law, Michigan Law Review

Michigan Law Review

An Israeli military court recently convicted Faik Bulut, a twenty three-year-old Turkish citizen, of the offense of belonging to Al-Fatah in Lebanon and Syria and sentenced him to seven years in prison. Bulut was captured in February 1972 during an Israeli raid 100 miles into Lebanon. Ten fedayeen, who were captured in Lebanon later in 1972, were scheduled to follow Bulut into court to be tried for the same offense. These are the first cases to be tried under a 1972 amendment to the Israeli Penal Law (Offenses Committed Abroad), which states in part: "The courts in Israel are competent …


Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb Dec 1972

Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb

Michigan Law Review

A Review of Impact of New Weapons Technology on International Law: Selected Aspects by Eric Stein


Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren Dec 1972

Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren

Michigan Law Review

A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich


Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder Jan 1972

Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder

Michigan Law Review

In this context, a study of the proposed Agreement and, more particularly, of the long history of developing United States-Canadian cooperation that preceded it may be of use. First, this United States-Canadian experience offers guidance for the solution of some of the specific problems that programs for international environmental cooperation may face: questions of framework and approach; institutional organization, function, and authority; determination of objectives; apportionment of burdens; coordination; and implementation. Second, at a time when international discussion has focused principally on global approaches to the solution of environmental problems, it calls attention to the important, if less dramatic, contribution …


International Law--Extraterritoriality--Antitrust Law--Development Of The Defense Of Sovereign Compulsion, Michigan Law Review Apr 1971

International Law--Extraterritoriality--Antitrust Law--Development Of The Defense Of Sovereign Compulsion, Michigan Law Review

Michigan Law Review

One of the most troublesome of these conflicts arises when an American business abroad is subjected to an order of a foreign government and the carrying out of that order requires that business to violate the antitrust laws of the United States. The recent case of Interamerican Refining Corporation v. Texaco Maracaibo, Incorporated confronted an American court with this precise issue for the first time. The United States District Court for the District of Delaware responded by saying that the defendants had been compelled to act as they did by the orders of a foreign sovereign government, and it held …


Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger Jun 1970

Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger

Michigan Law Review

A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett


Bishop: General Course Of Public International Law, 1965, Wolfgang Friedmann Dec 1967

Bishop: General Course Of Public International Law, 1965, Wolfgang Friedmann

Michigan Law Review

A Review of General Course of Public International Law, 1965


Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer May 1967

Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer

Michigan Law Review

A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.


Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal May 1967

Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal

Michigan Law Review

A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay


Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins Apr 1967

Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins

Michigan Law Review

A Review of The Strategy of World Order. 4 vols Edited by Richard A. Falk and Saul H. Mendlovitz


A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein Mar 1967

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.


Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes Jan 1967

Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes

Michigan Law Review

The long silence of the inter-American system is remarkable when contrasted with the continuing efforts of the United Nations to elaborate an International Bill of Rights and the significant accomplishments of the Council of Europe in implementing on a regional basis the principal values enunciated in the Universal Declaration of Human Rights. The OAS' lack of interest, until quite recently, in undertaking a similar international program to protect human rights in the American republics is a function of several very special factors, the most important of which is the traditional Latin American repudiation of intervention, in whatever form and for …


The Maritime Boundaries Of The States, Avrum M. Gross Feb 1966

The Maritime Boundaries Of The States, Avrum M. Gross

Michigan Law Review

It has long been recognized that the boundaries of coastal states encompass certain adjoining maritime areas. The settled existence of those boundaries, however, stands in marked contrast to the confusion which has surrounded their location. The geographic extent of the waters to which state jurisdiction extends has remained largely undetermined.

The recent development of refined methods for extracting minerals from offshore areas has translated questions of state jurisdiction into issues of substantial economic significance. In this regard, an increasing number of disputes have arisen between the states and the federal government, primarily over rights to offshore oil deposits. The …


Extraterritorial Application Of Penal Legislation, B. J. George Jr. Feb 1966

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.


Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review May 1965

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …


Whiteman: Digest Of International Law, William W. Bishop Jr. May 1965

Whiteman: Digest Of International Law, William W. Bishop Jr.

Michigan Law Review

A Review of Digest of International Law. Edited by Marjorie M. Whiteman


Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review Feb 1965

Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review

Michigan Law Review

Although frequently criticized, the established doctrine of absolute sovereign immunity has long prevented suits in the courts of the United States against foreign nations without their consent. The Court of Appeals for the Second Circuit, however, in ,em>Victory Transport Inc. v. Comisaria General de Abastecimientos y Transportes, affirmed a district court order compelling arbitration between an American shipowner and the Spanish Ministry of Commerce in accordance with the terms of a contract to carry wheat from Alabama to Spain. Although the Spanish Consul asserted that the Ministry, as a branch of the Spanish government, was immune from suit …