Law Commons^™

United Nations General Assembly--A Captive Of Its Own Procedures, Erle Cocke Jr.

Vanderbilt Law Review

The work of the Assembly is hindered by its tedious parliamentary procedures. Its procedures should be expedited. A thorough review of these procedures and practices has been had only twice. Consideration of the procedures of the Main Committees where most of the work is done has not been had since the Fourth Session of the United Nations General Assembly. The laggard work of the Assembly increases the cost, places a great burden on the Foreign Offices of member Nations, and hinders the Assembly's efficiently discharging its functions. These functions have grown far beyond those originally intended, and the membership of …

International Responsibility For Subversive Activities And Hostile Propaganda By Private Persons Against Foreign States, Manuel R. Garcia-Mora

Indiana Law Journal

No abstract provided.

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

International Judicial Assistance And Utah Practice, Gordon A. Christenson

Faculty Articles and Other Publications

This article will undertake to consider the present framework of Utah procedural law in relation to international judicial assistance. It will endeavor to suggest methods of handling problems of personal service, evidence, and proof of foreign law and will seek to point out some dangers along the way.

Surprise Attack: Crime At Pearl Harbor And Now, James J. Robinson

Articles by Maurer Faculty

In this issue, one of the United States Counsel at the Tokyo War Crimes Trial examines the legal and historical background of that trial which took place in Japan following World War II. Judge Robinson centers his discussion around the little-known provisions of the Convention Relative to the Opening of Hostilities, which was signed at The Hague in 1907. One of the primary purposes of that convention was to outlaw surprise attack such as that committed by the Japanese at Pearl Harbor. The first part of Judge Robinson's article appears in this issue; the second and concluding portion will be …

Book Review, William Samore

Cleveland State Law Review

Reviewing Philip C. Jessup, The Use of International Law, University of Michigan Law School, 1959

Book Review, Rathuel Mccollum

Cleveland State Law Review

Reviewing International Problems of Financial Protection Against Nuclear Risk, Atomic Industrial Forum, Inc., 1959

The Law Structure Of Peace, Arthur Larson

Faculty Scholarship

No abstract provided.

Recipients’ Rights Under An International Investment Code, Arthur Larson

Faculty Scholarship

No abstract provided.

The Self-Judging Clause And Self-Interest, Arthur Larson

Faculty Scholarship

No abstract provided.

Peace Through Law: The Role And Limits Of Adjudication-Some Contemporary Applications, Arthur Larson

Faculty Scholarship

No abstract provided.

International Law And Interstate River Disputes, William W. Van Alstyne

Faculty Publications

No abstract provided.

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

The dispute between the United States and Canada regarding the apportionment of the Columbia River is not settled. In March 1959, pursuant to the 1944 reference, the International Joint Conimission submitted to the governments of Canada and the United States a comprehensive engineering report on "Water Resources of the Columbia River Basin" prepared by the International Columbia River Engineering Board. This report contains three plans for utilizing the resources of the Columbia. Two of these plans include diversion of part or all of the Kootenay River into the Columbia at Columbia Lakes. All three plans would develop about the same …

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.

Surprise Attack: Crime At Pearl Harbor And Now (Part Ii), James J. Robinson

Articles by Maurer Faculty

This is the concluding portion of Judge Robinson's discussion of the Convention Relative to the Opening of Hostilities, signed at The Hague in 1907 (the "Third Hague Convention"), and its impact upon the 1948 Tokyo war crimes trial. Judge Robinson was United States counsel and naval legal officer in charge of the Pearl Harbor phase and other parts of the Tokyo trial. The first portion of his article appeared in the September issue of the Journal, beginning at page 973.

Federal And International Proceedings - United States Acceptance Of International Court Of Justice Compulsory Jurisdiction, Robert Jillson

Michigan Law Review

In October 1957 Switzerland, on behalf of the holding company now commonly known as Interhandel, addressed an application against the United States to the International Court of Justice (I.C.J.). Claiming I.C.J. jurisdiction by reason of the United States adherence to article 36 (2) of the Statute of the Court, Switzerland's submissions were essentially that the United States was under an obligation (1) to restore to Interhandel assets of the General Aniline and Film Corp which had been seized in 1942 pursuant to the Trading with the Enemy Act, and, as an alternative, (2) to submit the dispute to arbitration. The …

Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan

Journal of Legal Education

No abstract provided.

Diab V. Attorney General, Moshe Silberg, Moshe Smoira, Alfred Witkon

Translated Opinions

The appellant was charged and convicted under section 53(a) of the Criminal Code Ordinance, 19361), with promoting civil war in that being a resident of Israel, he left the country, enlisted in an Arab "army" and served in it against Israel during the Arab-Israel War. The appellant contended that the acts with which he was charged did not constitute the offence described in the section which refers only to a civil war in the sense of a fight between residents within the State.

Held: That although the war in which the appellant had participated was not a civil war, and …

International Conflict Of Laws - Title To Chattels "Act Of State" Doctrine, John C. Peters S.Ed.

Michigan Law Review

In order to clarify the use of terms, a "confiscation" when used in this comment will mean an expropriation by a foreign state without compensation. This writer will not go into the question of what is considered fair compensation in international law. Nor will the present comment consider confiscations made in time of war or the question of extraterritorial expropriations.

Book Reviews, Vern Countryman, Maurice H. Merrill, Nathan P. Feinsinger, Heinrich Kronstein, Caroll W. Weathers, Walter O. Weyrauch, Harry N. Rosenfield

Journal of Legal Education

No abstract provided.

Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb

Michigan Law Review

A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.

International Law - Meaning Of The Term "Declaration Of War" As Used In A Time Charter, Glenn O. Fuller

Michigan Law Review

A time charter provided that either party should have a right to cancel "if war is declared against any present NATO countries. . . ." Respondent-owners, having invoked this clause shortly after the Suez crisis erupted into open warfare, contended that a speech delivered by Egyptian President Nasser constituted a declaration of war. The speech in question, which was delivered to a large public gathering in Cairo, broadcast throughout Egypt and subsequently published, declared in part, "We shall fight as we have always said in a total war." It urged the people to "fight and never surrender." In libels for …

Lahisse V. Minister Of Defense, Shneor Zalman Cheshin, Moshe Silberg, Yitzhak Olshan

Translated Opinions

An officer in the Israel Army was charged before a military court in Israel with murder, an offence under S. 214(b) of the Criminal Code Ordinance 1936 and section 97 of the Army Code 1948. The officer submitted that the military court had no jurisdiction inasmuch as the acts with which he was charged were alleged to have been committed in Hula, a village in Lebanon, and outside the borders of either Israel, or Palestine as constituted under the Mandate. This submission was rejected, but the case was stood over to allow him to petition the High Court on the …

Atoms And The Law, E. Blythe Stason, Samuel D. Estep, William J. Pierce

Books

Early in 1951 a group of interested members of the faculty of The University of Michigan Law School conceived the idea of a research project, the purpose of which would be to investigate the principal unique legal problems being created and likely to be created in the future by peaceful uses of atomic energy. The group planned the preparation and publication of a series of manuscripts which might ultimately emerge as one or more printed volumes dealing with the legal problems affecting this new form of energy. Many phases of the subject were scrutinized, including the rule-making and licensing powers …

Negotiation Principles: In Law Or World Affairs, Charles P. Taft

Cleveland State Law Review

Negotiation should be part of every law school curriculum-as a required course. Every lawyer soon learns, in active practice, how important it is. There are certain principles of sound negotiation (or "dickering," in colloquial speech) that every lawyer should know-or anyone engaged in any profession, business or enterprise, for that matter. These principles apply almost exactly alike to a negotiation involving a legal action or to one involving national or international frictions-to settlement of a personal injury claim, or a dispute between the United States and Russia.

The International Legal Status Of The Territorial Sea, Ronald J. Yalem

Villanova Law Review (1956 - )

No abstract provided.

Book Review. Expropriation In Public International Law By B. A. Wortley, A A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Book Reviews, Dale F. Stansbury, Malcolm P. Sharp, Arthur T. Von Mehren, John S. Bradway, James D. Ghiardi, Thomas H. Eliot, Julius Paul, W. Howard Mann

Journal of Legal Education

No abstract provided.

Clark & Sohn: World Peace Through World Law, Harding Bancroft

Michigan Law Review

A Review of World Peace Through World Law. By Grenville Clark and Louis B. Sohn.

International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.

Michigan Law Review

The purpose of this comment is to consider the legal status of UNEF and of a potential permanent force of the same type. Some of the incidental legal problems confronting the United Nations will also be considered.