Law Commons^™

Judicial Review In Japan, Herbert F. Bolz

UC Law SF International Law Review

Since World War H, intense controversy has surrounded the question of the degree to which Article 9, the "peace clause" of the Japanese Constitution, forbids the maintenance of military power by Japan. Many commentators have criticized the Japanese Supreme Court for its "remarkable" reluctance to exercise its power of judicial review, especially regarding Article 9. The author focuses on social, historical, and political factors that have impeded the development in Japan of powerful American-style judicial review, and on postwar influences that have nonetheless gradually increased the use of judicial review. The author contends that the Japanese Supreme Court's restrained use …

Marital Property Law In England And California: A Comparative Study And Critique, Angela M. Bradstreet

UC Law SF International Law Review

In 1975, California recognized the equal status of men and women with its equal management and control provisions. By comparison, English law is premised upon a separation of property system, which operates irrespective of marital status. This article compares and contrasts the various rights of spouses to marital property in England and California. Beginning with a brief historical overview, the author proceeds to examine the respective property rights of the spouses from the inception of the marital relationship to its termination. The author concludes by highlighting some of the present strengths and weaknesses of the English and California Systems.

Comparative Law As Basic Research, Jerome Hall

UC Law SF International Law Review

This article begins with a critique of the present methods of comparative criminal study. Specifically, the author contends that comparative study often focuses on rules of law, as opposed to their functions. The author suggests that there should be a scientific approach to comparative criminal studies, e.g., the use of his theory of the interrelations of "rules," "doctrines," and "principles"; this satisfies the scientific requirement of "system." The author concludes that the subject matter of comparative criminal study should be "law-as-action," i.e., action expressing the coalescence of rules of law, values and manifested behavior.

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.

The Hamburg Rules: A Comparative Analysis, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.

The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Bar Association, John O. Dahlgren

University of Miami Inter-American Law Review

No abstract provided.

Ecology, Growth And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Scholarly Works

In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …

Retaliation Or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch

Faculty Scholarship

It began as a very small dispute. Pan American World Airways planned to introduce a service from San Francisco to Paris with a stop in London, using a Boeing 747 aircraft from San Francisco to London and a smaller Boeing 727 aircraft from London to Paris. The change to a smaller plane would have enabled the most efficient and economic use of Pan Am's fleet. In aviation as in railroad terminology, a change along a route to equipment of a different size is called a "change of gauge."

In accordance with French law, Pan Am filed a schedule on February …

Executive Order 12,114 - Environmental Effects Abroad: Does It Really Further The Purpose Of Nepa, Francis M. Allegra

Cleveland State Law Review

Executive order 12,144 is a cross-product of two separate vectors. On one axis it is a statement of foreign policy directing administrative review of the extra territorial environmental effects of major federal activities. On the other it is an alleged resolution of a long-standing intergovernmental controversy concerning the applicability of the National Environmental Policy Act of 1969 to major federal actions having solely nondomestic environmental impacts. In either context, the Order should be viewed as an attempt by the United States to assume a more responsible role in world environmental affairs. This note will examine the Executive Order and compare …

Approaches To Enforcement Of Environmental Law: An International Perspective, David S. Zalob

UC Law SF International Law Review

Public awareness concerning environmental matters has led to increased governmental interest and involvement. This article examines the forms and mechanisms of enforcement used by the various authorities in the United States and several Western European jurisdictions. The author concludes that stricter, more even enforcement is necessary if such laws are to be successful in improving the environment.

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Board of advisors, Board of editors, Publication information, Contents.

Latin American Economic Integration: An Overview Of Trade And Investment Developments In Ancom, Cacm, And Lafta, Albert S. Golbert, Yenny N. Gingold

Syracuse Journal of International Law and Commerce

This article examines different approaches towards greater economic cooperation among Latin American countries that have been taken.

Back Matter

Syracuse Journal of International Law and Commerce

Job placement, Advertisement, Back cover

1980 Survey Of International Law In The Second Circuit, Patricia J. Youngblood

Syracuse Journal of International Law and Commerce

The purpose of this article is to survey those cases decided in 1980 by the Second Circuit Court of Appeals and federal district courts in New York that involved or impacted upon international law, international relations, or international commerce.

Front Matter

Syracuse Journal of International Law and Commerce

Front Cover, Contents, Publication Information, Board of Editors, Board of Advisors

Legal Principles Of Non-Socialist Economic Integration As Exemplified By The European Economic Community, Roger S. Clark

Syracuse Journal of International Law and Commerce

This paper will review three of the most important features of the European Community viewed as an exercise in integration: first, the effort to create supranational institutions; second, the creation of a distinct legal order; and third, the treaty-making power of the Community.

Strikes By International Officials : Smith V. The Secretary-General Of The United Nations, Anthony J. Miller

Syracuse Journal of International Law and Commerce

This article examines legal aspects of labor disputes in international organizations.

Foreign Investment In United States Real Estate: Federal And State Regulation, Leslie J. Levinson

Case Western Reserve Journal of International Law

No abstract provided.

Sovereign Immunity And The Suit Against Opec, Lawrence Crocker

Case Western Reserve Journal of International Law

No abstract provided.

Substitution In The International Monetary System, Joseph Gold Sir

Case Western Reserve Journal of International Law

No abstract provided.

An Analysis Of Egyptian Peace Policy Toward Israel: From Resolution 242 (1967) To The 1979 Peace Treaty, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.

Alternative Legal Structures For Doing Buiness In Saudi Arabia: Distributorship, Agency, Branch, Joint Venture And Professional Office, Frederick W. Taylor Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Free Navigation: Examination Of Recent Actions Of The United States Coast Guard, Edward H. Lueckenhoff

Vanderbilt Journal of Transnational Law

The use of aircraft and large, seagoing vessels for smuggling marijuana and other illicit drugs has created a burgeoning problem for United States efforts to control its borders. The use of foreign flag ships as "mother ships" is particularly troublesome. This practice involves foreign flag vessels, often containing several tons of marijuana, that hover in international waters just outside the United States territorial sea. The marijuana is transferred from these mother ships to smaller vessels which then cross into United States waters and distribute the contraband at prearranged points along the coast. The immunities provided by international law for foreign …

Recognition Of Rhodesia And Traditional International Law: Some Conceptual Problems, Isaak L. Dore

Vanderbilt Journal of Transnational Law

The traditional theories of recognition do not properly maintain the essential distinction between state and government. The only proper way to maintain this distinction is by laying down verifiable criteria for statehood, and treating the recognition of governments as purely discretionary. A state must have come into existence before the question of recognition of a particular government can arise. International personality is a consequence of statehood, not of recognition; if a state can objectively come into existence, so can international personality, and the grant or withdrawal of recognition cannot affect that personality.

The degree of recognition conferred by the United …

The Right Of The Individual To Know And Act Upon His Rights And Duties: Monitoring Groups And The Helsinki Final Act, Virginia A. Leary Professor Of Law,

Vanderbilt Journal of Transnational Law

The provisions of the Helsinki Final Act relating to human rights stimulated a most extraordinary and probably unforeseen development the creation of ad hoc private citizen monitoring groups in signatory countries. No other international instrument on human rights has had a similar effect. The activities of these monitoring groups cannot be over emphasized. The phrase in Principle VII of the Final Act that the signatory states confirm the right of the individual to know and act upon his rights and duties constituted international recognition of the legitimacy of participation by private individuals in the monitoring of their own country's conformity …

Remarks Delivered On The Occasion Of The Seventy-Fifth Anniversary Of Fordham Law School October 1, 1980, Donald F. Mchenry

Fordham International Law Journal

Although my work is largely with international lawyers, I often meet lawyers from many walks of life and am struck by how many lawyers seem to doubt the very existence of international law. Layman though I am, I want to lay that misconception to rest. Law is the warp and woof of the fabric that binds us together. Law makes it possible for one hundred and fifty-four nations to deal cooperatively and peacefully with each other over a wide range of issues.

The Protection Of Trading Interests Act Of 1980– Britain's Latest Weapon In The Fight Against United States Antitrust Laws, Arlene Daffada

Fordham International Law Journal

This Note will review the doctrines and principles which now guide the enforcement of United States antitrust laws in foreign commerce. It will then argue that the United States must choose between two alternative courses of action when responding to the passage of the PTIA. On the one hand, the United States could choose to maintain the status quo by endorsing existing antitrust laws and doctrines applicable to foreign commerce. On the other hand, the United States could respond by reexamining existing laws and considering changes in their scope, function, and and application in the field of foreign commerce. Whichever …

International Adjudication: Embassy Seizure–United States V. Iran, Joel R. Paul

Faculty Scholarship

No abstract provided.