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Articles 1 - 17 of 17

Full-Text Articles in Law

The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius Oct 1989

The Concept And Present Status Of The International Protection Of Human Rights: Forty Years After The Universal Declaration, Annemieke Holthius

Dalhousie Law Journal

John P. Humphrey, the first Director of the Human Rights Division of the United Nations, in his preface to The Concept and Present Status of the International Protection of Human Rights - Forty Years after the Universal Declaration, observes that the question of the international protection of human rights "has received far too little attention from scholars, statesmen, diplomats and human rights activists". There "has so far been no attempt ... to provide a comprehensive account" of the concept of "protection" within the international law of human rights. In his new book, Dr. B.G. Ramcharan, the distinguished lawyer-adviser in the …


The Prosecution Of War Criminals In Canada, W J. Fenrick Oct 1989

The Prosecution Of War Criminals In Canada, W J. Fenrick

Dalhousie Law Journal

A Commission of Inquiry on War Criminals, headed by Mr. Justice Jules Deschenes, was established by the Federal Government on 7 February 1985 to determine whether or not alleged Nazi war criminals were resident in Canada and to recommend legal measures to ensure that such war criminals are brought to justice. The Commission submitted a two part Report to the Governor General in Council on 30 December 1986. Part I has been published, and Part II, concerned with allegations against specific individuals is confidential. The Commission, bearing in mind the concern of the Canadian public about all atrocities related to …


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


The Status Of The Law Of Nations In Early American Law, Stewart Jay Apr 1989

The Status Of The Law Of Nations In Early American Law, Stewart Jay

Vanderbilt Law Review

A perennial issue is the relationship of international law to the domestic law of the United States. The question appears in various con-texts, but in each the central problem is determining whether the body of customary international law is binding on the national and state governments. Discussions about this subject inevitably lead to consideration of separation of powers at the national level. If the United States may depart from international law, which branch of government has the power to do so? If one branch transgresses international law, is this action binding on the others?' For example, a recent case examined …


Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam Apr 1989

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

Articles

No abstract provided.


The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling Jan 1989

The Semiconductor Chip Protection Act And Its Impact On The International Protection Of Chip Designs, Jay Erstling

Faculty Scholarship

The United States Semiconductor Chip Protection Act of 1984 (“SCPA”') has already had a profound impact on the creation of foreign legal systems of chip protection. The allure of reciprocity under the SCPA has motivated a host of nations, including Japan, the Member States of the European Communities (“EC”'), Sweden, Finland, Canada, Australia, and Switzerland, to adopt or consider adopting chip protection legislation. The SCPA has also been the impetus for multilateral discussions within the World Intellectual Property Organization (“WIPO”') and the General Agreement on Tariffs and Trade (“GATT”') to establish an international standard of chip protection. The result has …


Chinese Attitude Toward International Law Of Human Rights In The Post-Mao Era, Hungdah Chiu Jan 1989

Chinese Attitude Toward International Law Of Human Rights In The Post-Mao Era, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.


Law For A World Community, John Quigley Jan 1989

Law For A World Community, John Quigley

Syracuse Journal of International Law and Commerce

Changes in international relations are creating a context for a new role for law. The exigencies of survival require solutions that can be achieved only at a supranational level. In the process, international law is being transformed from a law between and among states to a law that includes international organizations, individual persons, corporations, and other non-state groups. It is moving from a set of negative prohibitions that sought to keep states from injuring each other by acts of violence to a set of positive obligations to preserve and improve life for all. Law is shifting from being an interstate …


Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian Jan 1989

Intellectual Property Rights: The Issues In Gatt, David Hartridge, Arvind Subramanian

Vanderbilt Journal of Transnational Law

This Article examines the need for a multilateral framework to address the trade-related aspects of intellectual property rights (TRIPs). The authors trace the growing importance of TRIPs from its emergence at the Tokyo Round in 1978 to its present state as a major focus of multilateral negotiations at the Uruguay Round. A detailed discussion of existing GATT provisions and their relevance to intellectual property rights follows. The authors then describe the four major substantive issues related to TRIPs that are before the Negotiating Group: substantive standards of intellectual property protection; procedures for the enforcement of intellectual property protection; dispute settlement …


Book Review, Michael C. Doland Jan 1989

Book Review, Michael C. Doland

Vanderbilt Journal of Transnational Law

The book is divided into two parts. The first part addresses those subjects that the Foreign Sovereign Immunities Act covers in detail, including the definition of foreign states and foreign government-owned corporations, judicial competence, jurisdiction, immunity, service of process, venue, and execution of judgments. The second part addresses those subjects that the Act covers in a cursory fashion, including burden of proof, rights of discovery, available remedies, and jury trials. In addition, the book treats those topics that received virtually no discussion under the Foreign Sovereign Immunities Act but that are essential to its understanding and enforcement, including the act …


Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen Jan 1989

Book Review: Right V. Might--International Law And The Use Of Force, Erik M. Jensen

Vanderbilt Journal of Transnational Law

Right V. Might contains much of interest, and it is a useful primer. But it is not helpful as a guide to national behavior. The amoralistic positions of many of its contributors are not ones that the United States, or any other states concerned with principle, should adopt. The United Nations Charter, narrowly construed, is not a moral document. While few seriously advocate the Charter's repudiation, moral discourse would not be harmed by such an act, and life would go on with states acting largely, although not entirely, on the basis of perceived self-interest. Professor Henkin uses doomsday rhetoric to …


Recent Decision, Mark D. Pethke Jan 1989

Recent Decision, Mark D. Pethke

Vanderbilt Journal of Transnational Law

By directing courts to focus on the narrow question of whether the validity of a sovereign act is at issue, the Court clears some of the confusion that has arisen over the scope of the doctrine. It is no longer sufficient for courts to cite the mere possibility of embarrassment to foreign governments as a rationale for applying this doctrine when those governments' acts are not at issue. This opinion overrules Hunt and Clayco and their progeny.' In reminding courts that they possess "the power, and ordinarily the obligation, to decide cases and controversies properly presented to them," 'the Court …


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.


Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt Jan 1989

Dispute Settlement In International Environmental Issues: The Model Provided By The 1982 Convention On The Law Of The Sea, John W. Kindt

Vanderbilt Journal of Transnational Law

This Essay discusses the merits of the dispute settlement provisions found in the 1982 United Nations Convention on the Law of the Sea, and calls for recognition and utilization of the provisions in all manner of disputes arising within the international legal community. Professor Kindt notes that despite the fact that the Convention's dispute settlement provisions represent the first time all major interest blocs of states have agreed upon a standard set of provisions for dispute settlement, the provisions have not received the attention they deserve. After analyzing the reasons for this lack of consideration, he urges that the dispute …


Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland Jan 1989

Interference With Non-National Ships On The High Seas: Peacetime Exceptions To The Exclusivity Rule Of Flag-State Jurisdiction, Robert C.F. Reuland

Vanderbilt Journal of Transnational Law

Pursuant to the exclusivity rule of flag-state jurisdiction, a ship on the high seas is subject to the exclusive jurisdiction of the state whose flag she lawfully flies. Conversely, a state may not ordinarily interfere with those ships registered under the laws of another state. International law makes exception to this general rule in certain discrete circumstances. When such an exception exists, a state may lawfully stop, visit, search, and arrest a non-national ship on the high seas--a right normally reserved to the flag-state alone. These exceptions to the exclusivity rule of flag-state jurisdiction form the subject matter of this …


Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer Jan 1989

Japan's East China Sea Ocean Boundaries: What Solutions Can A Confused Legal Environment Provide In A Complex Boundary Dispute?, Kendrick F. Royer

Vanderbilt Journal of Transnational Law

This Note addresses the ocean boundary delimitation conflict between Japan, China, Taiwan, and South Korea in the East China Sea. The author considers international law on boundary delimitation and concludes that the law is unclear on delimitations between states within four hundred nautical miles of one another. The International Court of Justice has held that equity is the norm to be applied to boundary delimitation disputes but it has not resolved the competition between the natural prolongation theory of delimitation and a theory based upon the Exclusive Economic Zone. The geology of the East China Sea brings this issue to …


Preparing Global Professionals, Alfred C. Aman Jan 1989

Preparing Global Professionals, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.