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Articles 1 - 30 of 51
Full-Text Articles in Law
Reservations And Declarations In The Additional Protocols To The Treaty Of Tlatelolco, Héctor Gros Espiell
Reservations And Declarations In The Additional Protocols To The Treaty Of Tlatelolco, Héctor Gros Espiell
Dalhousie Law Journal
1. It is common knowledge that the Treaty for the Prohibition of Nuclear Weapons in Latin America, the Treaty of Tlatelolco, prohibits reservations (Article 27), as does Additional Protocol 2 (Article 4). As for Protocol I, the fact that no mention is made of such a prohibition has been construed as meaning that such reservations are permissible.
The Prosecution Of War Criminals In Canada, W J. Fenrick
The Prosecution Of War Criminals In Canada, W J. Fenrick
Dalhousie Law Journal
A Commission of Inquiry on War Criminals, headed by Mr. Justice Jules Deschenes, was established by the Federal Government on 7 February 1985 to determine whether or not alleged Nazi war criminals were resident in Canada and to recommend legal measures to ensure that such war criminals are brought to justice. The Commission submitted a two part Report to the Governor General in Council on 30 December 1986. Part I has been published, and Part II, concerned with allegations against specific individuals is confidential. The Commission, bearing in mind the concern of the Canadian public about all atrocities related to …
The Tokyo War Crimes Trial, L C. Green
The Tokyo War Crimes Trial, L C. Green
Dalhousie Law Journal
Until comparatively recently (see, eg., The Other Nuremberg by Arnold C. Brackman, 1987) there has been little written in western countries concerning the International Military Tribunal for the Far East - the Tokyo Tribunal - when compared with its "sister" Tribunal at Nuremberg. The compilation of Principles drawn up by the United Nations is known as the Nuremberg Principles regardless of the fact that the same principles were applied in Tokyo. In 1983, to coincide with the first Japanese showing of the film The Tokyo Trial premiered in New York two years later, an International Symposium on the Trial was …
Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, 9 Computer L.J. 447 (1989), I. Michael Greenberger, Michael S. Kane
Rights-In-Data Policies Affecting Department Of Defense Acquisition Of Computer Software And Related Products, 9 Computer L.J. 447 (1989), I. Michael Greenberger, Michael S. Kane
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The United Nations And The Enforcement Of Peace, Eric Stein
The United Nations And The Enforcement Of Peace, Eric Stein
Michigan Journal of International Law
This essay is a revised version of an address given at a symposium held in the fall of 1986 in Heidelberg, Federal Republic of Germany, in commemoration of the 600th anniversary of the Heidelberg University. By one of the coincidences that haunt human life, the United Nations is again the topic.
Third State Remedies In International Law, Jonathan I. Charney
Third State Remedies In International Law, Jonathan I. Charney
Michigan Journal of International Law
This article explores issues arising from third state enforcement of international law. Support for third state remedies may be found in law, practice, and the literature. It is not, however, definitively stablished. Third state remedies may appear at first glance to serve only the desirable goal of promoting rules of international law, but they may also produce negative side effects. The challenge to the international community is to design an effective third state enforcement regime that minimizes undesirable side effects.
Law And Alternative Security, Burns H. Weston
Law And Alternative Security, Burns H. Weston
Michigan Journal of International Law
Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …
Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms
Proposals To Establish A Nordic Nuclear-Weapon-Free Zone, Bengt Broms
Michigan Journal of International Law
Today, after a long silence, the Nordic States are again investigating the idea of establishing a Nordic nuclear-weapon-free zone. The renewed exchange of views is no doubt partly related to the continuing development of nuclear weapons and partly to the fear that even in circumstances where nuclear weapons would not be used against the Nordic States they present a threat to the region should major war break out. This fear was mentioned by Dr. Urho Kekkonen, the President of the Republic of Finland, in an address he delivered at the Swedish Institute of International Affairs in Stockholm on May 8, …
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Michigan Journal of International Law
This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
The United States, The United Nations, And Micronesia: Questions Of Procedure, Substance, And Faith, Harry G. Prince
Michigan Journal of International Law
This study first considers the procedural requirements for proper termination and concludes that Security Council approval is required. Second, this writing identifies the major issues that should be considered if the proposed termination of the Trusteeship Agreement for Micronesia is subjected to Security Council review. Two basic concerns should be the propriety of the division of the Trust Territory into four separate entities and the legitimacy of the agreements between the new governments and the United States for continuing relations as either commonwealth or freely associated states. The history of and practice under the trusteeship system indicate that the particular …
Address., William H. Rehnquist
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
St. Mary's Law Journal
Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …
Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips
Asserting And Defending Claims Involving An Fslic Relationship., Joe Phillips
St. Mary's Law Journal
No abstract provided.
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
$500,000 Cap On Non-Economic Damages For Medical Malpractice Inconsistent With Open Courts Guarantee In Texas Constitution., Kathryn Kase
St. Mary's Law Journal
Abstract Forthcoming.
Government Action Does Not Violate Free Exercise Clause Of First Amendment When It Neither Coerces Action Contrary To Religious Beliefs Nor Prohibits Access To Practice Those Beliefs, But Merely Imposes An Incidental Burden On Religious Practice., Joani S. Harrison
St. Mary's Law Journal
Abstract Forthcoming.
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
A Consumer Update: Recent Developments Under The Texas Deceptive Trade Practices Act., Richard M. Alderman, Melanie P. Rosenthal
St. Mary's Law Journal
No abstract provided.
Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones
Merger Doctrine No Defense To Deceptive Trade Practices Suit For Breach Of Express Warranty., Robert Carl Jones
St. Mary's Law Journal
No abstract provided.
The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy
The Health Care Quality Improvement Act Of 1986: A Proposal For Interpretation Of Its Protection., Louise M. Joy
St. Mary's Law Journal
No abstract provided.
Judicial Rulemakers Held To Have Produced Federal Sentencing Guidelines Within Permissible Twilight Area In Which Branches Of Government Merge., Janis Hillman
St. Mary's Law Journal
No abstract provided.
The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff
The New Texas Business Corporation Act Merger Provisions., Curtis W. Huff
St. Mary's Law Journal
Abstract Forthcoming.
Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer
Miranda Warnings Sufficient To Inform Defendant Of Sixth Amendment Right To Counsel For Postindictment Interrogations., David M. Shearer
St. Mary's Law Journal
Abstract Forthcoming.
Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell
Jury Trials In The Bankruptcy Courts: Awaiting A Final Verdict., Ann Van Bever, V. Craig Cantrell
St. Mary's Law Journal
No abstract provided.
Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks
Texas Oil And Gas Leases Contain Separate And Distinct Implied Covenant To Further Explore After Lucrative Production., E. Joy Jackson Sparks
St. Mary's Law Journal
In Sun Exploration & Production Co. v. Jackson, the Texas Supreme Court held Texas oil and gas leases contain a separate and distinct implied covenant to further explore after lucrative production. A lease that grants an interest in oil and gas found beneath the ground surface holds several implied covenants. Once successful production begins on a leasehold, implied covenants arise to encourage cooperation between the lessor and the lessee. A covenant is a “promise” between two or more parties to perform or not to perform a specific act. A covenant may be expressly stated within a contract or implied by …
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
Interference With Prospective Civil Litigation By Spollation Of Evidence: Should Texas Adopt A New Tort., Philip A. Lionberger
St. Mary's Law Journal
Texas courts should adopt a tort for spoliation of evidence. Spoliation of evidence is the tampering with, interference with, loss of, or destruction of evidence. Spoliation of evidence is a serious legal problem because it increases a litigant’s difficulty in proving a cause of action or a defense. Evidence destruction may also increase litigation costs and cause the trial court to make factfinding errors. Texas courts should adopt the tort of spoliation of evidence because it compensates injured litigants and deters future acts of spoliation. Another reason for adopting the tort for spoliation of evidence is the inadequacy of alternative …
Fundamental Error When Rule Against Misjoinder Violated By Charging More Than One Non-Property Offense In Same Indictment Resulting In Multiple Convictions., Virginia Coyle
St. Mary's Law Journal
Abstract Forthcoming.
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
Warranties, Disclaimers, Limitation Of Remedies, And The Texas Deceptive Trade Practices Act., Thomas Black
St. Mary's Law Journal
No abstract provided.
Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera
Should Your Spouse Be Compensated For Putting You Through School - Texas Says No; Is That Just And Right., Darryl J. Silvera
St. Mary's Law Journal
No abstract provided.
Foreword., Barbara Bader Aldave
Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell
Improper Use Of Removal And Its Disruptive Effect On State Court Proceedings: A Call To Reform 28 U.S.C. 1446., Ellen Bloomer Mitchell
St. Mary's Law Journal
Abstract Forthcoming.
Avoiding The Issue Of Whether Implied Warranties Extend To Professional Services By Defining Horse Training As A Modification Of An Existing Tangible Good., Wendy Hunkele
St. Mary's Law Journal
No abstract provided.