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Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda

Washington Law Review

This paper will begin with a treatment of the North Pacific Fisheries Convention of 1952. After exploring this treaty and the abstention formula embodied in it, a study of the Northwest Pacific Fisheries Convention of 1956 and the formula incorporated therein will be undertaken. After studying the 1952 and 1956 Conventions, the paper will proceed to examine the recent fisheries agreement of 1965 between Japan and the Republic of Korea. This last agreement contains an idea of equal sharing of high seas fish resources among the nations concerned.

Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke

Washington Law Review

The purpose of this paper is to examine certain aspects of the decision-making processes of intergovernmental institutions established for regulating interactions in the exploitation of ocean fisheries. The aspects selected are those denominated as internal constitutional arrangements; embracing, more specifically, the grant of capacity to the group, membership provisions, structure, objectives, and distribution of certain authority functions within the commissions. Very little attention is devoted to the external decision-making process involving the fishery commissions with other participants, including members and other public or private entities which a more comprehensive study would embrace. Fortunately, in light of anticipated developments in world …

Japan And International Conventions Relating To North Pacific Fisheries, Shigeru Oda

Washington Law Review

This paper will begin with a treatment of the North Pacific Fisheries Convention of 1952. After exploring this treaty and the abstention formula embodied in it, a study of the Northwest Pacific Fisheries Convention of 1956 and the formula incorporated therein will be undertaken. After studying the 1952 and 1956 Conventions, the paper will proceed to examine the recent fisheries agreement of 1965 between Japan and the Republic of Korea. This last agreement contains an idea of equal sharing of high seas fish resources among the nations concerned.

New Uses Of International Law In The North Pacific, Douglas M. Johnston

Washington Law Review

Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …

New Uses Of International Law In The North Pacific, Douglas M. Johnston

Washington Law Review

Since all marine fisheries are either shared or shareable and constitute a renewable resource, broad policy problems of fishery use, both by "have" and "have not" fishing states, always have an international aspect and involve considerations of both development and conservation. In few areas of international law is the challenge to our reason and imagination so acute; and seldom do jurists so obviously require the services of the natural sciences. Yet fishery science, now engaging a small but growing number of specialists from biology and related disciplines, is still unable to provide an adequate factual basis for the sophisticated articulation …

Aspects Of Internal Decision-Making Processes In Intergovernmental Fishery Commissions, William T. Burke

Washington Law Review

The purpose of this paper is to examine certain aspects of the decision-making processes of intergovernmental institutions established for regulating interactions in the exploitation of ocean fisheries. The aspects selected are those denominated as internal constitutional arrangements; embracing, more specifically, the grant of capacity to the group, membership provisions, structure, objectives, and distribution of certain authority functions within the commissions. Very little attention is devoted to the external decision-making process involving the fishery commissions with other participants, including members and other public or private entities which a more comprehensive study would embrace. Fortunately, in light of anticipated developments in world …

Legal Implications Of Boundary Water Pollution, J. P. Erichsen-Brown

Buffalo Law Review

No abstract provided.

International Secured Transactions: United States & Canada, Dellas W. Lee

Buffalo Law Review

No abstract provided.

International Claims Adjudication: The United States-Canadian Agreement, Edward D. Re

Buffalo Law Review

No abstract provided.

The Impact Of Canadian Income Tax Law On Domestic Subsidiaries Of U.S. Corporations—B.C. And A.D., James A. Rendall

Buffalo Law Review

No abstract provided.

Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher

Washington Law Review

Professor Bleicher asserts that the present method of financing United Nations peacekeeping operations through annual contributions by Members is unsatisfactory. Not only can it cause a financial crisis when certain Members refuse to pay, but also it may impair the United Nations peacekeeping function. After exploring several alternatives for providing stable income for peacekeeping operations, Professor Bleicher concludes that portions of the substantial net income of the International Monetary Fund and the Bank for Reconstruction and Development should be transferred to a United Nations peacekeeping fund. He then analyzes the various methods of achieving the transfers and suggests that the …

Reflections On Apartheid After The South West Africa Cases, Julius Stone

Washington Law Review

South Africa was given the mandate over South West Africa by the Covenant of the League of Nations. While individual members of the League had no role in the administrative process of the mandate, it contained provisions protecting the interests of third party States, and article 7 of the mandate gave jurisdiction to the International Court of Justice over "disputes" between any member of the League and the mandatory power in relation to the mandate. The mandate and its obligations were continued after the formation of the United Nations but frequent disputes in that body left doubt upon the U.N.'s …

Financial Peacekeeping From Imf And Ibrd Income, Samuel A. Bletcher

Washington Law Review

Professor Bleicher asserts that the present method of financing United Nations peacekeeping operations through annual contributions by Members is unsatisfactory. Not only can it cause a financial crisis when certain Members refuse to pay, but also it may impair the United Nations peacekeeping function. After exploring several alternatives for providing stable income for peacekeeping operations, Professor Bleicher concludes that portions of the substantial net income of the International Monetary Fund and the Bank for Reconstruction and Development should be transferred to a United Nations peacekeeping fund. He then analyzes the various methods of achieving the transfers and suggests that the …

Reflections On Apartheid After The South West Africa Cases, Julius Stone

Washington Law Review

South Africa was given the mandate over South West Africa by the Covenant of the League of Nations. While individual members of the League had no role in the administrative process of the mandate, it contained provisions protecting the interests of third party States, and article 7 of the mandate gave jurisdiction to the International Court of Justice over "disputes" between any member of the League and the mandatory power in relation to the mandate. The mandate and its obligations were continued after the formation of the United Nations but frequent disputes in that body left doubt upon the U.N.'s …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Civil Rights--Exclusion of Wage Earners as a Class from Jury Service in State Courts Violates

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International Law and Trademark Infringement--Rights of Former Owners of Confiscated Cuban Businesses Under Hickenlooper Amendment

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Jurisdiction--Minimum" Contacts--First Amendment Requires a Greater Showing of Contact in a Libel Action To Satisfy Due Process Than Is Necessary in Other Types of Actions

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Labor Law--Attorney Undertaking Persuader Activity on Behalf of Employer Must Report Such Activity Under LMRDA

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Labor Law--Employer Must Bargain About an Economically Motivated Decision To Close a Portion of Its Operations

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Labor Law--Employer's Duty To Bargain When Authorization Cards Are …

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

Michigan Law Review

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

Book Reviews, Harold G. Maier

Vanderbilt Law Review

The Enforcement of International Judicial Decisions Arbitral Awards in Public International Law By E.K. Nantwi Leyden, Netherlands: A.W. Sijthoff, N.V., 1966. Pp. xv 209.

Harold G. Maier

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Legal Papers of John Adams Edited by L. Kinvin Wroth and Hiller B. Zobel Cambridge: The Belknap Press of Harvard University Press, 1965. Vol. 1, pp. cxliv, 334. Vol. 2, pp. x, 441. Vol.3, pp. viii, 434. $30.00 the set

Frederick Bernays Wiener

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

The Sabbatino Case And The Sabbatino Amendment: Comedy--Or Tragedy--Of Errors, William H. Reeves

Vanderbilt Law Review

The issues and decisions in the Sabbatino litigation and the significant concepts of the Sabbatino legislation are here reviewed and considered in five parts. Part I discusses the mistaken beliefs of the Congress as to the reasons for proposing and enacting the Sabbatino Amendment. Part II then examines the relations between Cuba and the United States, explaining how Cuba's insult made possible the judicial errors in the Sabbatino decisions, which were reversed by the Supreme Court, and also prompted the subsequent Sabbatino legislation. In Part III, proof will be given of congressional misinterpretations of foreign law and foreign court decisions …

Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown

Washington and Lee Law Review

No abstract provided.

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.

Legal Aspects Of The French Nuclear Tests, Anthony D'Amato

Faculty Working Papers

Even at the level of scholarly or diplomatic argumentation it is important to inquire into the competing interests and legal factors involved in the atmospheric tests. This is true not only because differing political expectations or even measures might depend on the consensus as to the legality or illegality of the French tests, but also because the precedential value of the tests will be of greater or less force depending upon whether there is agreement at the time of the tests that France was or was not acting within her international legal rights.

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

Law And Institutions In The Atlantic Area, Readings, Cases And Problems, By Eric Stein And Peter Hay (1967), Don Berger

Washington Law Review

No abstract provided.

Law And Institutions In The Atlantic Area, Readings, Cases And Problems, By Eric Stein And Peter Hay (1967), Don Berger

Washington Law Review

No abstract provided.

Exchange Control, The Principle Of Nondiscrimination And International Trade, Wilhelm A. Kewenig

Buffalo Law Review

No abstract provided.