Law Commons^™

Law, The State, And The International Community, Carl M. Frasure

West Virginia Law Review

No abstract provided.

The "Minimum Standard" Of The Treatment Of Aliens, Edwin Borchard

Michigan Law Review

During the meeting of the Committee of Experts for the Codification of International Law at Lima, Mr. Cruchaga Ossa of Chile contended that article 9 of the Montevideo Convention on the Rights and Duties of States made the equality of rights the maximum that could be claimed by any alien. He denied the existence of any "minimum standard" for the treatment of aliens; but remarked that even if there were one recognized in Europe the countries on this continent had in the first, second, fifth and seventh Inter-American Conferences committed themselves to the doctrine of absolute equality, which henceforth constituted …

Book Review. Scott, J. B., Law, The State And The International Community, Jerome Hall

Articles by Maurer Faculty

No abstract provided.

The Law Of Treaties; British Practice And Opinions, Carl M. Frasure

West Virginia Law Review

No abstract provided.

International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman

Michigan Law Review

In 1917, the Provisional Government of Russia, which was recognized by the United States, had on deposit with defendant bank a large sum of money. During that year the Provisional Government was overthrown by the Soviet Government, and the bank decided to repudiate the debt, because deposits which the bank held in Russia had been confiscated to an amount exceeding that of the debt. The United States continued to recognize the Provisional Government as the de jure government of Russia until 1933. Before 1922, the bank communicated notice of the repudiation several times to Ambassador Bakhmeteff, representing the Provisional Government, …

The Law Of Nations: Cases, Documents And Notes, Carl M. Frasure

West Virginia Law Review

No abstract provided.

Judicial Legislation In International Law, R. Y. Jennings

Kentucky Law Journal

No abstract provided.

The Non-Recognition Law Of The United States, Kimon A. Doukas

Michigan Law Review

We speak of nations as being equal, independent and sovereign within the fixed confines of their physical boundaries. As aptly stated by our Supreme Court, in the civilized world of today, "Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory."

International Law -- Anti-Smuggling Bill -- Jurisdiction On The High Seas, James H. Roberton

Michigan Law Review

The control which a littoral state may exercise over the adjacent sea has never been the subject of complete agreement among the nations of the world. Inability to agree and resulting confusion have arisen in many instances from a failure to distinguish between a claim of control over a definite strip of adjacent water, often spoken of as "territorial waters," analogous to the control exercised on land and a claim that, for the well-being of the littoral state, control for limited and specific purposes may be extended beyond these territorial waters. The most obvious example of this latter type of …

International Law - Recognition Of Soviet Russia - Extraterritorial Effect Of Decrees Of Confiscation And Nationalization

Michigan Law Review

The Moscow Fire Insurance Company, the Northern Insurance Company of Moscow, and the First Russian Insurance Company were incorporated in Russia under the Czarist regime, and given authority to do business in New York. Deposits were made in New York for the benefit of policy holders and creditors in this country. Subsequent to the revolution in Russia and the Soviet decrees nationalizing all Russian corporations and confiscating without compensation such corporations' assets in Russia and abroad, these deposits were turned over to the New York State Insurance Commissioner for liquidation. Large sums remained after domestic claims were satisfied and the …

Patents And Gebrauchsmuster In International Law, Julius Cohen

West Virginia Law Review

No abstract provided.

International Extradition, Forest A. Harness

Indiana Law Journal

No abstract provided.

International Law - Treaty Interpretation - Immunity Of Consul From Civil Suit

Michigan Law Review

Tarcuanu, the vice-consul in charge of the Roumanian consulate in New York City, was served with a summons ma civil suit. This case involves his motion to have the summons vacated because of article 2 of the treaty of 1881 between the United States and Roumania, the pertinent part of which says: "The consuls-general, consuls, vice-consuls and consular agents of each of the two high contracting parties shall enjoy reciprocally in the States of the other, all the privileges, exemptions and immunities that are enjoyed by officers of the same rank and quality of the most favored nation." In this …

Progress In International Organization, By Manley O. Hudson, Valentine Jobst Iii

Indiana Law Journal

No abstract provided.

International Law -Extradition - Construction Of Treaty

Michigan Law Review

On complaint of the British Consul that the petitioner had "received certain moneys knowing the same to have been fraudulently obtained," the United States Commissioner for the Northern District of Illinois issued his warrant to hold petitioner in custody for extradition to England, under Article 10 of the Webster-Ashburton Treaty of 1842, as supplemented by the Blaine-Pauncefote Convention of 1889, and certified the evidence to the Secretary of State. Upon application by petitioner for writ of habeas corpus and certiorari in its aid, the district court ordered him released from custody on the ground the act charged was not within …

International Law - Validity Of Soviet Decrees

Michigan Law Review

The Soviet government, by a nationalization decree, confiscated all oil lands in Russia, among them the land of plaintiffs, Russian nationals, and sold oil extracted therefrom to defendant. Plaintiffs sought an accounting, claiming that the confiscatory decrees of the unrecognized Soviet government and seizure of oil lands thereunder had no legal effect. A communication from the State Department was introduced: "The Department of State is cognizant of the fact that the Soviet regime is exercising control and power in territory of the former Russian Empire and the Department of State has no disposition to ignore that fact. The refusal of …

Confusion Of Goods - Gold Seized During Russian Revolution

Michigan Law Review

Plaintiff in 1915-16 purchased from Russian banks $10,000,000 in alloy gold ingots, about 78% fine. These were entrusted to the Russian State Bank at Petrograd, deliverable on demand to the plaintiff after the war. In 1928 the State Bank of the Union of Soviet Socialist Republics sent a shipment of refined gold ingots, 98% fine, to the defendant bank for deposit. The plaintiff seeks to replevin these ingots, alleging that their ingots in Petrograd were seized by the Bolsheviki during the revolution in 1917-18 and by them transported to Moscow, commingled with other gold, and then refined into ingots of …

International Law Problems In The Extradition Of Samuel Insull

Michigan Law Review

Considerable interest was aroused by the press announcement of October 4, 1932, that Samuel Insull, former utilities magnate, had been indicted by an Illinois grand jury on charges of embezzlement and larceny and that his extradition from France, where he was then sojourning, would be requested. The seventy-four year old fugitive displayed unusual vigor in surreptitiously leaving Paris by train for Italy, where he boarded an airplane for Greece. He arrived in Athens on October 9, 1932, just one day after the request for his extradition reached Paris. On the following day he was arrested by the Greek authorities on …

Book Review. Cheyney, A. S. (Ed.), The International Labor Organization, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Book Review. Sinclair, H. M., The Principles Of International Trade, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Progress In International Organization, Carl M. Frasure

West Virginia Law Review

No abstract provided.

The Judicial Process Of Treaty Interpretation In The United States Supreme Court, John Selden Tennant

Michigan Law Review

When the Federal Union was substituted for the loose confederation which had preceded it, one of the most impelling reasons for the change was the need for a united international front, which could only be achieved by further concentration in a central government of the power to deal with foreign nations. A necessary part of this general plan was the treaty-making power, taken from the states by Article I, Section 10 of the Constitution, and lodged in the President and the Senate by Article II, Section II.

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht

A Valuable Record Of International Practice

Michigan Law Review

A review of PUBLIC DEBTS AND STATE SUCCESSION. By Ernst H. Feilchenfeld

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …

Foreign Diplomats And The Prohibition Laws, Lawrence Preuss

Michigan Law Review

Notwithstanding the general and inclusive nature of the Eighteenth Amendment and of the enforcement legislation enacted under its terms, the executive departments of the national government have acted on the assumption that foreign diplomats are exempted from the operation of the prohibition laws, and have issued regulations by which the importation of liquor by members of this class is permitted. According to statements of the responsible officers concerned, this privilege is based upon "international comity and usage," and upon "the established principles of international Jaw and the statutes of the United States, including the provisions of sections 4063-4065 of the …

Critical Examination Of Peace Agencies Since 1919, Gilbert Gidel

West Virginia Law Review

I intend to consider the practical value of the various means aiming at the prevention of war that have been suggested or put into effect since 1919. Why since 19197 I do not think that international law was created in 1919. But, whether one wishes it or not, an effort, unprecedented until now, has been devoted to the study of the technique of peace. The struggle against war is no longer limited to sentimental effusions, or fireside dreams: it has become an object of science; even of applied science. The program of the technique of peace is generally formulated today …

The Recognition Of Russia, Edwin D. Dickinson

Michigan Law Review

Revolution in Russia culminated, on March 15, 1917, in the abdication of the Romanoffs and the establishment of the Provisional Government. In November, 1917, the Provisional Government was overthrown by the Bolsheviki and the Russian Socialist Federated Soviet Republic was proclaimed. Thus in nine turbulent months authority in Russia passed from the autocracy of the Czars, through the ineffective hands of the moderates, to extreme radicals frankly committed to communism and the dictatorship of the proletariat.