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Articles 1 - 16 of 16
Full-Text Articles in Law
Volume 6 - Number 2: Table Of Contents
Volume 6 - Number 2: Table Of Contents
Penn State International Law Review
No abstract provided.
More Than Mere Child's Play: International Parental Abduction Of Children, Elizabeth C. Mcdonald
More Than Mere Child's Play: International Parental Abduction Of Children, Elizabeth C. Mcdonald
Penn State International Law Review
Divorce is a traumatic time. It is especially traumatic for children who are abducted by a parent. This comment examines the international abductions of children and the international conventions designed to address these problems. Further, the author sets forth steps and gives advice for parents and attorneys caught in an international abduction case.
The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden
The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden
Penn State International Law Review
This Article is a response to Journal author David Corwin's contention that the use of nuclear weapons is illegal under international law. In turn, the author carefully examines relevant treaty provisions to support his thesis. Finally, the author contends that the principles of customary international law and state practice provide a foundation by which the use of nuclear weapons is circumscribed under international law.
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr
Penn State International Law Review
Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.
German Occupational Safety And Health Regulation From An American Perspective, Kenneth S. Kilimnik
German Occupational Safety And Health Regulation From An American Perspective, Kenneth S. Kilimnik
Penn State International Law Review
This article presents an inquiry into German occupational safety and health standards as compared to their United States counterpart, the Occupational Safety and Health Act. After an examination of the regulatory framework, standard-setting procedures~ and enforcement procedures of both countries, the author offers realistic recommendations, based on the best of both countries' safety and health provisions.
The United States Is Moving Further From Fostering Multilateral Restraint Of Conventional Arms Sales, William George Wentz
The United States Is Moving Further From Fostering Multilateral Restraint Of Conventional Arms Sales, William George Wentz
Penn State International Law Review
This Comment reviews in detail the trends in world arms sales and the roles of arms suppliers, specifically focusing on the United States. Successful past international efforts at restraint are examined and contrasted to present United States policy, and possible solutions proposed.
The Mujahidin Middleman: Pakistan's Role In The Afghan Crisis And The International Rule Of Non-Intervention, Peter A. Pentz
The Mujahidin Middleman: Pakistan's Role In The Afghan Crisis And The International Rule Of Non-Intervention, Peter A. Pentz
Penn State International Law Review
What are the consequences when two superpowers square off in opposing sides of a civil war in another country? This Comment tells the story of such a situation in Afghanistan, and concentrates on the role of another actor, Pakistan. Pakistan's role in the Afghan crisis is examined in light of the recent decision of the International Court of Justice in Nicaragua v. The United States, applying the rule of nonintervention. Possible justifications and exceptions are given, especially in light of a possible Soviet withdrawal.
Volume 6 - Number 3: Table Of Contents
Volume 6 - Number 3: Table Of Contents
Penn State International Law Review
No abstract provided.
International Sports: Have States Succeeded Athletes As The Players?, Barbara Ann O'Neill
International Sports: Have States Succeeded Athletes As The Players?, Barbara Ann O'Neill
Penn State International Law Review
Could the 1972 Munich Olympic tragedy occur again during the 1988 Seoul Summer Games? This Comment examines the role of nationalism within the Olympic Games and the International Olympic system and discusses the movment away from individual Olympic achievement. The Comment concludes that participating nations must rededicate their current international athletic policy to the ideals of the original Olympic tradition.
Volume 7 - Number 1: Table Of Contents
Volume 7 - Number 1: Table Of Contents
Penn State International Law Review
No abstract provided.
The Political Influences Of Effective Treatymaking In America's Backyard: The Guatemala Peace Plan - A Case Study, R. Karl Hill
The Political Influences Of Effective Treatymaking In America's Backyard: The Guatemala Peace Plan - A Case Study, R. Karl Hill
Penn State International Law Review
When a peace treaty seeks to "democratize" a country, it must include provisions which ensure that the political structures of that country are, in fact, changed. After analyzing the Guatemala Peace Treaty and the Reagan-Wright Plan, this comment, using Nicaragua to illustrate its point, concludes that a treaty in Central America, to be effective, must comport with the interests of the United States.
National Cooperative Research Act Of 1984: Cartelism For High-Tech Ventures (And Others?), John A. Maher, Nancy J. Lamont
National Cooperative Research Act Of 1984: Cartelism For High-Tech Ventures (And Others?), John A. Maher, Nancy J. Lamont
Penn State International Law Review
The National Cooperative Research Act of 1984 (NCRA), emerged as Congress' response to concern that "antitrust laws" were obstructing successful American participation in joint research and development ventures. Among the most salient and curious features of the Act are its inclusive-exclusive language, its therapies, its "rule of reason" and its limited liability provisions. While NCRA is a domestic act, it has wide reaching international implications. Effective exploitation of NCRA's benefits, by foreign investors as well as American investors, depends upon an understanding of what activities fall within its scope and how its features operate.
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan
Penn State International Law Review
In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg
Penn State International Law Review
In the Aerospatiale decision, the United States Supreme Court attempts to define the powers of American courts to compel discovery from foreign litigants in those courts, in light of the Hague Evidence Convention. This article initially examines the various interpretations of the Convention used to solve the "apples/oranges" problem, encountered by litigants from different nations and incompatible jurisprudential systems, when they seek to obtain evidence located outside the U.S. or in the control of a foreign litigant. The Court's response to this problem is later addressed by an analysis of its decision, which seems to confuse the situation further, for …