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Full-Text Articles in Law
Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris
Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris
Vanderbilt Journal of Transnational Law
The personification theory has declined in acceptance in the United States since the turn of the century. It is now largely discredited, and has been labeled a mere "literary theme" whose disappearance is "to be welcomed. The personification theory maintains vitality, however, because it provides a rationale for concluding that a ship, and not her owner, may be liable--a result many courts find difficult to justify without the theory.
If the personification theory is taken to its logical extreme, the constitutional due process requirement of notice and opportunity to defend is satisfied by pasting a summons to the vessel's bridge. …
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein
Vanderbilt Journal of Transnational Law
Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?
The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …