Law Commons^™

Fishery Law Enforcement, James Edwin Pons

North Carolina Journal of International Law

No abstract provided.

Book Review, Ronald A. Gray

Case Western Reserve Journal of International Law

Law and Responsibility in Warfare

Emerging Data Protection In Europe; Community Law Through The Cases, Albert J. Kostelny, Jr.

Fordham International Law Journal

No abstract provided.

Arms Transfers By The United States: Merchant Of Death Or Arsenal Of Democracy, Archibald S. Alexander

Vanderbilt Journal of Transnational Law

Controversial events of the last few years have presented the American public with the question whether arms transfers by the United States have gotten out of hand. Has our country become the chief "merchant of death," as believed by many at the time of Senator Nye's investigation soon after World War I, or is it the "arsenal of democracy," as generally believed during and after World War II? This article deals with transfers of all kinds of non-nuclear arms from or by the United States, and it examines all types of transfers including grants, transfers on credit, government to government …

Book Review, Nicholas A. Sims

Vanderbilt Journal of Transnational Law

It is a pleasure to welcome a well-written book on arms control, and one, moreover, that has grown out of the exigencies of an undergraduate course and is designed to meet the needs of students. Because INTERNATIONAL ARMS CONTROL: ISSUES AND AGREEMENTS was the work of several hands, its lucidity and consistency are the more admirable. Comprehensive in scope, it goes just far enough in setting arms control in its various contexts (political, military, cultural, and ethical) without straying out of bounds. It raises a multitude of questions without pretending to answer them all. I found it refreshing to read …

Toward A Consultative Relationship Between The United Nations And Non-Governmental Organizations?, Michael M. Gunter

Vanderbilt Journal of Transnational Law

What do consultative relationships entail? What has been the impact on United Nations policies? What has gone wrong? Why has the consultative relationship failed to live up to expectations? What are the chances for ameliorating the present malaise and moving towards a new, reinvigorated consultative relationship? This article will address these questions now being raised in the current discussions about revitalizing ECOSOC.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

The Gamesman

By Michael Maccoby

New York: Bantam Books,1978. Pp. 302. $2.75.

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1976 Digest of United States Practice in International Law

Edited by Eleanor C. McDowell

Dep't of State Publication, 1977.Pp. 850.

Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade

Vanderbilt Journal of Transnational Law

Notwithstanding the anomaly of the procedural requirement that local remedies available in the respondent state must be exhausted before there can be diplomatic intervention on behalf of a national, there can be no doubt that the rule serves some very useful purposes and has become generally accepted. This is demonstrated by the significant role the rule now plays in the resolution of issues before the European Commission of Human Rights. Because the rule is often discussed in the context of a complaint of denial of justice, considerable difficulties may be encountered in determining when the rule should be complied with. …

Arms Sales And The Major Western Powers, Arthur Cyr

Vanderbilt Journal of Transnational Law

The purpose of this essay is to discuss analytically the overseas arms sales policies of the three major Western supplier nations--the United States, Britain, and France. It is appropriate to group them together because they all have similar goals and characteristics. All are Atlantic Area NATO nations. They are democratic and are based upon largely private economies. The three nations have general histories of cooperation and alliance dating back to before the beginning of this century.

This analysis is based on the assumption that military trade between the industrialized and lesser-developed countries is especially likely to destabilize international relations since …

On Domesticating Giants: Further Reflections On The Legal Approach To Transnational Enterprise, A. A. Fatouros

Articles by Maurer Faculty

This article continues a line of inquiry begun long ago at the University of Western Ontario, at a time when transnational enterprise was dealt with under the heading of "direct private foreign investment." It picks up and develops certain points made in some relatively recent articles of mine, such as, The Computer and the Mudhut: Notes on Multinational Enterprise in Developing Countries (1971), 10 Columbia J. Transn'l. L. 325; Multinational Enterprise and Extraterritoriality (1972), 1 J. Contemporary Business (No. 4); and especially, Problemes et ethodes d'une reglementation des enterprises multinationales (1974), 101 J. Droit Int'l (Clunet) 495.

State V. Bundrant: The Long Arm Reaches Seaward, Woody Connette

North Carolina Journal of International Law

No abstract provided.

Choice Of Forum And Public Policy: Some Indications Of The Development In United States Law Of A Distinct International Public Policy, Gabriel M. Wilner

North Carolina Journal of International Law

No abstract provided.

The Development Argreement: An Essential Legal Tool For Securing Direct Investments In The Developing World Against Non-Commercial Risks, Lee L. Corum

North Carolina Journal of International Law

No abstract provided.

Introduction: Afro-America And International Law, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

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 …

Inter-American Legal Developments, Rafael C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Latin American Economic Integration, Edward M. Livingston, Richard D. Newman

University of Miami Inter-American Law Review

No abstract provided.

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan

Dalhousie Law Journal

This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …

Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan

Dalhousie Law Journal

This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

Legal Issues Before The United Nations Sanctions Committee, B. G. Ramcharan

Dalhousie Law Journal

This paper will seek to present certain legal issues which have arisen before the Security Council Committee Established in Pursuance of Resolution 253 (1968) Concerning the Question of Southern Rhodesia,1 hereinafter referred to as the "Sanctions Committee". 2 After outlining briefly the nature and scope of the obligation to implement sanctions, and describing the Sanctions Committee, we shall proceed to consider the following legal issues which have arisen before the Committee: (1) The Committee's competence to make determinations as to compliance with, or breach of, sanctions obligations; (2) The Committee's competence to make recommendations to the Security Council for strengthening …

An International Criminal Code – Now?, L. C. Green

Dalhousie Law Journal

It has been suggested that the time may now be right to prepare a codification of international criminal law, either with or without a draft statute for an international criminal court. In fact, the Foundation for the Establishment of an International Criminal Court held its third Conference to this end in Bangladesh in December 1974. It must not, however, be overlooked that recent attempts by the International Civil Aviation Organization and the United Nations to establish a working enforcement procedure to deal with aerial hijacking and other forms of terrorism failed, largely because of opposition from the Arab countries and …

Aviation, L. D. Kent

University of Miami Inter-American Law Review

No abstract provided.

Inter-American Legal Developments, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …

Nuclear Tests Case: Australia V. France; New Zealand V. France, L. L. Herman

Dalhousie Law Journal

In two separate judgments of December 20, 1974, the majority of the International Court of Justice3 held that the objectives of both Australia and New Zealand in ending French nuclear testing in the South Pacific had been accomplished by virtue of various public announcements made on behalf of the French government that, following the conclusion of the 1974 series of tests, France would revdrt to underground testing. Since the objectives of both applicants had been accomplished, and consequently the issues had been resolved, the Court was of the view that it was no longer called upon to give a decision …