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Articles 1 - 30 of 53
Full-Text Articles in Law
Customary International Law: Its Nature, Sources And Status As Law Of The United States, Jordan J. Paust
Customary International Law: Its Nature, Sources And Status As Law Of The United States, Jordan J. Paust
Michigan Journal of International Law
Customary international law is one of the primary components of law in the international legal process, a dynamic process profoundly interconnected with our own domestic legal processes for at least the last 250 years. In our history, customary international law has also been received as part of the "law of nations," a phrase used interchangeably by our courts with the phrase "international law" from the dawn of the United States. What, more particularly, has been the perceived nature of customary international law in the United States? Despite much theoretical discussion (usually without adequate attention to actual trends in judicial decision), …
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
The United States Should Withdraw Its Reservations To The Genocide Convention: A Response To Professor Paust's Proposal, Maria Frankowska
Michigan Journal of International Law
A reiteration of Professor Paust's views on the topic, followed by an alternative course of action, and the international and domestic aspects of the withdrawal process.
Legal Aid, Public Service And Clinical Legal Education: Future Directions From India And The United States, Frank S. Bloch, Iqbal S. Ishar
Legal Aid, Public Service And Clinical Legal Education: Future Directions From India And The United States, Frank S. Bloch, Iqbal S. Ishar
Michigan Journal of International Law
In this article, the legal aid traditions and broader public service agendas of clinical legal education in both countries are explored. These sections are followed by a comparison of the legal aid and public service components of the clinical curriculum in the two countries. It is observed that while clinical programs in the United States have tended to shift their focus away from legal aid and public service goals to broader academic and educational goals consistent with the integration of clinical legal education into the law school mainstream, clinical programs in India have remained firmly rooted in and closely tied …
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Note, The United States, Israel And Their Extradition Dilemma, Sheryl A. Petkunas
Michigan Journal of International Law
Part I of this note will examine the different approaches taken by the Second, Seventh and Ninth Circuits in their application of the Treaty's political offense exception. Part II will discuss the conflict that may arise from Israel's application of a domestic law which contravenes the purpose of the Treaty. Part III will address both the need for the United States and Israel to reconcile problems in applying the political offense exception through renegotiation and the dilemma arising from the failure of the Israeli government and the Knesset to coordinate policy with regard to the extradition of nationals.
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Soft Law And The International Law Of The Environment, Pierre-Marie Dupuy
Michigan Journal of International Law
Because the existing body of international environmental law has, in part, emerged on the basis of "soft" norms, it provides a good field for observing the general sociological and juridical phenomenon termed "soft" law. The 1972 Stockholm Declaration adopted by the UN Conference on the Human Environment, for example, constitutes the normative program for the world community 'in this field. Although, from a formal point of view, the Declaration is only a nonbinding resolution, many of its "principles," particularly Principle 21, have been relied upon by governments to justify their legal rights and duties. The subsequent State practice has been, …
Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone
Treaty Interpretation: The Authority Of Interpretive Communities, Ian Johnstone
Michigan Journal of International Law
Part I of this paper sets out a theory of interpretation (drawing on Stanley Fish's idea of interpretive communities) relevant to all interpretive techniques. In Part II, a conception of the purposes and conventions of treaty practice is offered with the aim of shedding light on the interpretive constraints structuring that enterprise. Part III identifies two interpretive communities associated with treaty practice (one narrow, the other broad) and describes their operation in the interpretive process. Special attention is paid to the government legal advisor, who plays a key role within the relevant interpretive communities. Part IV is a case study …
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
A U.S. Perspective On The Ec Hormones Directive, Holly Hammonds
Michigan Journal of International Law
On December 31, 1985, the European Community ["EC"] adopted the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" ("the Directive"). The directive, originally scheduled to take effect on January 1, 1988, prohibits the use of hormones, natural and synthetic, in livestock production and the sale of meat treated with hormones in the EC market. The United States believes that the directive violates the requirements of the Agreement on Technical Barriers to Trade ("Standards Code" or "Code").
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
The Hormone Conflict Between The Eec And The United States Within The Context Of Gatt, Werner P. Meng
Michigan Journal of International Law
For many years, consumer organizations within the European Community have demanded the prohibition of natural and synthetic hormones from use in animal fodder. Since the level of hormone use by breeders varies among Member States, demands for a hormone prohibition have also differed in intensity from State to State. After lengthy negotiations beset with legal difficulties, a general, community-wide prohibition became reality at the beginning of 1989. The price of this policy has been trade difficulties with the United States which, up to the present time,' have resulted in trade sanctions and economic losses on both sides. Since both parties …
Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim
Note, Throwing A Monkey Wrench Into The Wheels Of International Finance: Wells Fargo Asia Ltd. V. Citibank, N.A., Edmund W. Sim
Michigan Journal of International Law
This note attempts to illustrate concisely the issues and potential ramifications of Wells Fargo. After describing the complex factual and procedural histories of the case, the note briefly surveys the various approaches to the Act of State doctrine and suggests that the Court should consider Act of State issues in Wells Fargo. Next, it examines the lower courts' analyses of the case and what effects their rulings would have if the Court were to adopt them. Due to the resulting legal confusion that the lower courts' decisions would wreak on the Eurodollar community, Wells Fargo should not remain …
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
The Impact Of U.S. Trade Law Actions On Government Policy Decisions In Korea, Jong-Kap Kim
Michigan Journal of International Law
A brief review of the recent trends in bilateral trade and U.S. trade policies from the perspective of the United States' trading partners. Then, a presentation on the impact of U.S. trade law actions on government policy decisions in Korea. In conclussion, suggested ways to help strengthen trade relations between Korea and the United States over the long run.
The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann
The "1992 Project": Stages, Structures, Results And Prospects, Claus-Dieter Ehlermann
Michigan Journal of International Law
The "1992 project" has radically changed the European Community. It has given the "common market" new impetus and has lifted the Community out of the deep crisis in which it was bogged down in the first half of the 1980s. The consensus which has been re-established amongst all the Member States through the "internal market" exercise was enshrined in the Single European Act and the acceptance of the Delors package in February 1988. The financial underpinning of the "1992 project," through the reform of the structural funds and the Community's finance system, has given the "internal market" exercise such credibility …
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Panel Discussion: Europe 1992, Eric Stein, Jochen A. Frowein, Jacques J.H.J. Bourgeois, Edwin Vermulst, Reinhard Quick
Michigan Journal of International Law
Transcript of a panel on Europe in 1992.
Translation Of Legal Texts: Three English Versions Of The Swiss Federal Statute On Private International Law, Walter König
Translation Of Legal Texts: Three English Versions Of The Swiss Federal Statute On Private International Law, Walter König
Michigan Journal of International Law
Working with translated legal materials can be frustrating and treacherous. Lawyers who are regularly forced to do this soon realize their limitations and end up wishing they had taken the trouble to study the original language. They also appreciate the difficulties confronting the translator. Mastery of the languages involved is necessary, but not sufficient, particularly where the user of a translation expects a literal translation, the legal systems of the starting languages and target language differ fundamentally and the subject matter is highly abstract.
Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta
Child Welfare Legislation In India: Will Indian Children Benefit From The United Nations Convention On The Rights Of The Child, Shahana Dasgupta
Michigan Journal of International Law
The subject of children's rights has been dealt with both directly and indirectly in a number of international legal instruments over the years. Initially, there were differences concerning the need for a Convention over and above the already existing legislation. Some countries felt that children should not be treated as a category set apart from other human beings and thereby be the object of a separate legal document. On the other hand, countries in favor of a Convention wanted to create a single legal instrument which would take into account children's requirements on a universal scale. They also saw the …
The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi
The West Bank Aquifer And Conventions Regarding Laws Of Belligerent Occupation, Jamal L. El-Hindi
Michigan Journal of International Law
This Note will provide an introductory analysis of the conventions on belligerent occupation as they apply to the West Bank aquifer. Part I provides a brief analysis of the current situation in the region. Part II provides an overview of the relevant conventions on belligerent occupation and then focuses on how these laws apply to underground water resources in the West Bank. Finally, Part III outlines potential developments for the maintenance of complicity with the developing law of belligerent occupation, taking into account developments in international water law.
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
U.S. Trade Policy Toward The New Nics Of Southeast Asia, Linda Y.C. Lim
Michigan Journal of International Law
As export and economic growth in Korea and Taiwan has slowed since 1988, it has increased dramatically in several countries of Southeast Asia. Thailand, for one, is chalking up a second year of eleven percent real GDP growth in 1989 to become the fastest-growing economy in the world. Malaysia and even the Philippines are not far behind, with growth predicted to reach the six to eight percent range for the second or third year in a row. Even Indonesia's growth is rising above five percent for the first time since the oil price slump of the early 1980s. Manufactures now …
Civil Procedure Reform In Japan, Takeshi Kojima
Civil Procedure Reform In Japan, Takeshi Kojima
Michigan Journal of International Law
Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …
Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg
Overview: U.S.-Korea And U.S.-Taiwan Trade Law Issues In Comparative Perspective, Clyde D. Stoltenberg
Michigan Journal of International Law
Since the mid-1950s, the economies of Korea and Taiwan have achieved remarkable results, with annual growth rates of ten percent not unusual in some years. During the past couple of decades, they have relied heavily on export trade, particularly with the United States, to maintain rapid growth rates and continued economic development. In 1988, for example, Korea and Taiwan enjoyed a combined trade surplus with the United States of $21.6 billion on total trade of $68.4 billion.
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
The Impact Of U.S. Trade Law On Government Policy Making In The Republic Of China, P. K. Chiang
Michigan Journal of International Law
Since President Reagan signed the Omnibus Trade Act on August 23, 1988, the U.S. government has completed a series of investigations according to the provisions of the Act. Consultations aimed at forcing its trading partners to adjust their trade- policies which are regarded as unfair to U.S. trade have also been held in the past ten months or so. Being one of the most important trading partners of the U.S. – both in terms of its overall trade volume and its surplus with the U.S. – the Republic of China on Taiwan (ROC) seems to have become a target of …
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Panle Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Taiwan, M. H. King, K. Casey Chuang, W. S. Lin, Alvin H. Tong
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in Taiwan.
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
The Gatt Uruguay Round: Its Significance For U.S. Bilateral Trade With Korea And Taiwan, Judith H. Bello, Alan F. Holmer
Michigan Journal of International Law
This article reviews the choreography of U.S. trade policy, as reflected in the U.S. government's efforts to reconcile its objectives in the Uruguay Round with its actions in its bilateral relationships with Korea and Taiwan. It illustrates how developments in four key areas of the Round - protection of intellectual property, services, investment, and agriculture - and in bilateral trade negotiations are intended to be, and can be, complementary rather than contradictory.
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Legal And Policy Perspectives On United States Trade Initiatives And Economic Liberalization In The Republic Of China, Lawrence S. Liu
Michigan Journal of International Law
This article examines the legal and policy perspectives of U.S. trade initiatives toward the ROC in the last decade and their impact on economic liberalization in Taiwan. Part I sets forth the basic legal, policy and structural framework of this bilateral trade relationship. Part II is a sectoral retrospect of the major bilateral trade issues dealt with in the last decade. Part III presents an analysis of the' recent efforts of the ROC to liberalize its trading system and economy, the primary issues and prospects of such liberalization, and their causal relations with American trade initiatives toward Taiwan. Part IV …
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
International Trade And Investment Regulation: Developing Jurisprudence In Taiwan, Paul S.P. Hsu
Michigan Journal of International Law
Past and present economic development in the Republic of China has provided a model for a successful experiment whereby a society under a workable economic and social system with very limited natural resources makes the most of what it has. Yet, the momentum of the development will not permit the R.O.C. to rest at its present stage or to reminisce about past achievements. Clearly, many more stages of economic development lie ahead. Other industrially advanced nations that operate under similar limitations, such as the Netherlands, Sweden, and Switzerland, have higher per capita income, better quality of life, and a more …
Section 301 And The Appearance Of Unilateralism, Warren Maruyama
Section 301 And The Appearance Of Unilateralism, Warren Maruyama
Michigan Journal of International Law
Despite extensive criticism, section 301 is a modest statute. It directs the United States Trade Representative (USTR), subject to the direction of the President, to take action if (1) the rights of the United States under a trade agreement are being denied, or (2) an act, policy, or practice of a foreign government is "unjustifiable" and burdens or restricts U.S. commerce. It also authorizes the USTR, again subject to the direction of the President, to act if (3) an act, policy, or practice of a foreign government is "unreasonable" and burdens or restricts U.S. commerce.
The U.S. Importer's Perspective On U.S. Antitrade Actions Against Korea And Taiwan, Valerie A. Slater
The U.S. Importer's Perspective On U.S. Antitrade Actions Against Korea And Taiwan, Valerie A. Slater
Michigan Journal of International Law
A discussion of U.S. antidumping and countervailing duty law as it relates to U.S. importers, how U.S. importers react to it, and what it means to them.
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Regulation And Liberalization Of Imports And Foreign Investment And The Role Of Trade Actions In The Republic Of Korea, David A. Laverty
Michigan Journal of International Law
The Republic of Korea is well-known for its exceptionally successful export-driven economy and for the role of the Korean government in actively pursuing policies which have fostered the growth of Korean industry and the penetration of Korean products in the international marketplace. This rapid penetration of Korean products has been a source of tension among Korea's trading partners as they have sought to respond to calls from their domestic-industry constituencies for protection from the increased importation of Korean products. However, less well-known and of increasing significance to Korea itself and to the international community is not the outflow of Korean …
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Panel Discussion: The Impact Of U.S. Trade Law Actions On Business Decisions In Korea, David A. Laverty, Young J. Kim, S. K. Lee
Michigan Journal of International Law
Transcript of the panel discussion on the impact of United States trade law on business decisions in South Korea.
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Comparative Development Strategies Of South Korea And Taiwan As Reflected In Their Respective International Trade Policies, J.W. Wheeler
Michigan Journal of International Law
This paper examines the interplay of economic development and trade policies in South Korea and Taiwan. Although many differences exist between the two states, both have identified economic development as a central national policy goal linked explicitly to national security, even national survival. Both have targeted international trade as a key means of promoting economic development. Thus, trade policy, broadly defined, has served as one of the principal components of their economic development strategies. Of course, many other factors impinge upon trade policy formation - the national imperatives against which all policy must be weighed, economic opportunities and constraints, the …
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
European Community Trade Policies Vis-À-Vis Korea And Taiwan In The Eighties: A Comparative Perspective, Jean-François Bellis
Michigan Journal of International Law
This article will review the trade policies of the European Community towards Korea and Taiwan over the past ten years. This time period has been chosen for two reasons. In the first place, ten years ago, on November 28, 1979, the Tokyo Round of multilateral trade negotiations was concluded. At that time, the Tokyo Round was the most comprehensive GATT negotiating round ever, both in terms of trade value affected and in terms of its coverage of topics. An interesting question, therefore, is to what extent the 1979 commitments to trade liberalization were actually kept. Secondly, during the last decade …
Selected Bibliography On Europe 1992, Michigan Journal Of International Law
Selected Bibliography On Europe 1992, Michigan Journal Of International Law
Michigan Journal of International Law
Bibliography on Europe 1992