Law Commons^™

The Unconstitutional Detention Of Mexican And Canadian Prisoners By The United States Government, Jordan J. Paust

Vanderbilt Journal of Transnational Law

A recent article by Professor Bassiouni addresses the procedures for the transfer of prisoners under agreements with Mexico and Canada and certain "substantive constitutional issues" in a most interesting way. Nevertheless an interest in addressing constitutional problems from the most thorough of approaches possible compels further comment on federal powers and constitutional rights. Professor Bassiouni's efforts are noteworthy but his stated conclusion that "[t]he scheme for the transfer of offenders is a laudable step which should be supported by the bench and bar should not be unquestioningly accepted. The transfer agreements represent a retreat from the constitutional protection of fundamental …

The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick

Vanderbilt Journal of Transnational Law

It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …

The Soviet Human Rights Doctrine In The Crossfire Between Dissidents At Home And Critics Abroad, F.J.M. Feldbruggge

Vanderbilt Journal of Transnational Law

Political and foreign relations aspects, rather than justiciability and legal instrumentalities, have always been preponderant in So- viet human rights doctrine. It is widely admitted now, at least outside the Soviet Union, that the main purpose for the much- publicized inclusion of an extensive catalogue of basic rights in the 1936 Constitution of the USSR can only have been the crea- tion of a favorable impression upon the Western democracies.' One has to remember that this happened not only at a time when the victims of Stalinist terror were numbered in millions (making the constitutional pronouncements a lugubrious farce) but …

Books Received, C. A. P.

Vanderbilt Journal of Transnational Law

Books Received ================

Documents on Prisoners of War Edited by Howard S. Levie Newport, Rhode Island: Naval War College Press, 1979. Pp. 841.

Chinese Family Law and Social Change in Historical and Comparative Perspective Edited by David C. Buxbaum Seattle, Washington: University of Washington Press, 1978. Pp. 553. Bibliography and Chinese-English Glossary

The Definition of Law By Herman Kantorowicz Edited by A. H. Campbell New York: Octagon Books, 1980. Pp. 89. $13.50

The Legal Regime of Islands in International Law By Derek W. Bowett Dobbs Ferry, New York: Oceana Publications, Inc.,1978. Pp. 337. Diagrams and Maps.

International Norms and National …

Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn

International Law Studies

No abstract provided.

An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran

International Law Studies

No abstract provided.

Marine Mineral Resources: National Security And National Jurisdiction, Robert A. Frosch

International Law Studies

No abstract provided.

Biographical Description Of Authors, Volume 61 Role Of International Law And An Evolving Oceans Law

International Law Studies

No abstract provided.

Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart

International Law Studies

No abstract provided.

The Position Of Individuals In International Law, Herbert W. Briggs

International Law Studies

No abstract provided.

The Alien Tort Statute Of 1789– Political Torture Provides Federal Jurisdiction Under The Statute, Frank A. Russo

Fordham International Law Journal

Dr. Joel Filartiga and his daughter Dolly Filartiga, citizens of Paraguay living in the United States,' brought a civil action in United States District Court for the Eastern District of New York against Americo Norbeto Pena-Irala (Pena), also a citizen of Paraguay, for wrongfully causing the death of Dr. Filartiga's son, Joelito, in Paraguay in 1976. Although none of the parties were citizens of the United States and the alleged tort occurred in Paraguay, the Filartigas contended that the court's subject matter jurisdiction was properly based upon the Alien Tort Statute. While the Filartiga decision is bound to have broad-ranged …

Canada's Foreign Investment Review Act Revisited, Barry J. O’Sullivan

Fordham International Law Journal

The regulatory scheme mentioned is the Foreign Investment Review Act (FIRA)passed by the Parliament of Canada in December 1973. The FIRA was a response to a growing nationalist feeling in the early 1970's, from which developed a resentment of the seeming omnipresence of foreign business in the Canadian economy and a fear of the long-term consequences of such presence. In examining the FIRA, this Note will explore the factors that led to passage of the legislation. The Act will be analyzed in depth. Important statutory language will be defined and explained, and the review process of the FIRA will be …

The Evolution Of A New And Viable Concept Of Sovereignty For Outer Space, Linda R. Sittenfeld

Fordham International Law Journal

The traditional territorially oriented concept of sovereignty is engaged in a particularly slow and problematical reconciliation with current developments in outer space. This Note will trace the concept of sovereignty as it has evolved into the space age. An examination of early debates regarding sovereignty in outer space reveals that the traditional territorial orientation is slowly being abandoned. Analysis of current issues indicates that while a significant conservative viewpoint continues to exist, a new non-territorial orientation is emerging. This Note will consider the proposition that it is this new non-territorially oriented sovereignty that is viable for outer space.

The Nikkei Case: Toward A More Uniform Application Of The Direct Effect Clause Of The Foreign Sovereign Immunities Act, J. Blair Richardson, Jr.

Fordham International Law Journal

This Note will first examine the general purpose of the Foreign Sovereign Immunities Act and attempt to ascertain the intended meaning of the direct effect clause. It will then compare and contrast the Nikkei court's interpretation of the clause with the interpretations used in the other recent cases in the Southern District involving Nigerian cement contract disputes. Finally, this Note will suggest that the approach used in Nikkei is both correct and consistent with congressional intent as manifested in the legislative history of the Act.

The Marianas Covenant Negotiations, Arnold H. Liebowitz

Fordham International Law Journal

In September 1969, the United States and the Congress of Micronesia's Joint Committee on Future Status began their negotiations. This article will examine the negotiations which commenced in December 1972 and will concentrate on the three areas which were central points of discussion: the political relationships between the United States and the Northern Marianas; issues of economic development and assistance; and problems of land policy.

The Iranian Hostage Agreements: A Legal Analysis , Gerald T. Mclaughlin, Ludwik A. Teklaff

Fordham International Law Journal

The analysis contained in this article is divided into four parts. Part I will analyze the validity of the agreements under the law of treaties. Part II will discuss the power of the President to conclude these agreements. Part III will explore the various constitutional problems raised by requiring American claimants to seek binding third-party arbitration in the International Arbitral Tribunal and by banning the prosecution of claims against Iran hostages. Part IV will discuss the constitutional issues raised by freezing the assets of the estate of the Shah and his family.

The Reinstated Steel Trigger Price Mechanism: Reinforced Barrier To Import Competition, Garry P. Mccormack

Fordham International Law Journal

Early in 1978 the Carter Administration implemented a trigger price mechanism (TPM) to aid the distressed United States steel industry. Although the TPM by its terms is a monitoring system, the controversy it has aroused suggests that its actual function extends far beyond mere monitoring of steel imports. Part I of this Comment will examine the TPM in the context of world steel trade to show how the original system actually functioned, and how the new version is likely to operate. Part II will explore the ways in which this import relief program is inconsistent with traditional United States trade …

Admiralty– The Package Doctrine Of Cogsa § 4(5)– Second Circuit Abandons The "Functional Economics" Test, Lisa Filloramo

Fordham International Law Journal

In Mitsui & Co. v. American Export Lines, Inc., the Court of Appeals for the Second Circuit rejected the "functional economics" test which it had developed in an earlier case as a standard for interpreting section 4(5) of the Carriage of Goods by Sea Act (COGSA). Part One of this Recent Development will discuss the historical development of the problem of carrier liability. Part Two will examine the case law as it has evolved in the Second Circuit since the late 1960's. Part Three will then analyze the Mitsui decision and the impact it has had on the law in …

The Soviet View Of International Law, Oliver J. Lissitzyn

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

International Law Studies

No abstract provided.

Special Aspects Of Jurisdiction At Sea, Brunson Macchesney

International Law Studies

No abstract provided.

Strategic Implications Of Continental Shelves, Jose A. Alvarez

International Law Studies

No abstract provided.

Ocean Fisheries: National Instrument For International Stability, John T. Robison

International Law Studies

No abstract provided.

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

Combat Restraints, Howard S. Levie

International Law Studies

No abstract provided.

Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle

International Law Studies

No abstract provided.

New Issues And New Interest In The Law Of The Sea, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

Oil And Gas In The Oceans, Herman T. Franssen

International Law Studies

No abstract provided.

Pacific Blockade: A Lost Opportunity Of The 1930'S?, Walter R. Thomas

International Law Studies

No abstract provided.

International Law, The Oas And The Dominican Crisis, Charles G. Fenwick

International Law Studies

No abstract provided.