Law Commons^™

Preventing The Theft And Illegal Export Of Art In A Europe Without Borders, Kimberly A. Short

Vanderbilt Journal of Transnational Law

The opening of internal borders within the European Community presents tremendous opportunity for European economic growth. Yet with all the potential benefits come many problems. Increased illegal art trafficking is one of these problems. This Note examines European treaties, laws of the individual EC Member States, and Community-wide treaties and regulations designed to prevent the theft and illegal export of art. The Note discusses how the differing interests of the Member States have prevented agreement on legislation to protect art and resulted in measures inadequate to protect Europe's vast art treasures. After analyzing the latest EC regulatory attempt to protect …

International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love

Vanderbilt Journal of Transnational Law

Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.

The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …

Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie

Dalhousie Law Journal

During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?

State Aids And European Community Law, Hans-Jorg Niemeyer

Michigan Journal of International Law

This article provides an overview of EC State aid rules, focusing on recent Commission policy and recent judgments of the Court of Justice on State aids. In Part I, some general points, such as what may constitute a State aid, are considered. In Part II, the procedural aspects are dealt with in more detail, with emphasis on the notification process, and the procedure for reviewing State aids. Part III examines the recovery of illegally granted aids, and the defenses a beneficiary may assert. Next, Part IV sets out the remedies available for breach of the State aid rules, including the …

The Haitian Refugee Crisis: A Quest For Human Rights, Thomas David Jones

Michigan Journal of International Law

On June 14, 1993, the Vienna Conference on Human Rights, sponsored by the United Nations, commenced its opening session mired in controversy over the validity of a universal human rights doctrine. Many Third World or developing nations contended that Western norms of justice and fairness were not applicable to their societies. Thus, the developing nations articulated a culture-bound or relativistic concept of fundamental human rights. The developing nations' particularistic position was championed by such nations as China, Iran, Cuba, and Vietnam, signatories to the Bangkok Declaration of 1993. The Bangkok Declaration provides, inter alia, that though human rights are …

Old Wine, New Skins: Nafta And The Evolution Of International Trade Dispute Resolution, Andrew Kayumi Rosa

Michigan Journal of International Law

This Note examines NAFTA's effort in meeting the needs of the moment (i.e., North American integration) and those of the future (i.e., hemispheric integration) regarding the issue of dispute resolution. Dispute resolution is key to any trade agreement; without an effective means of settling specific disputes and enforcing provisions generally, parties will have a little incentive to honor their trade commitments. Moreover, ineffective dispute resolution hurts smaller, less developed countries in agreements with larger, more developed countries, because the larger countries will be tempted to use their economic leverage to solve disputes to the disadvantage of the smaller ones. A …

The Role Of Risk Analysis In The 1992 Framework Convention On Climate Change, Martin J. Lalonde

Michigan Journal of International Law

This Note examines the role that risk analysis played in fashioning the Framework Convention on Climate Change and argues that risk analysis should play a significant part in implementing the Convention.

Protecting Biodiversity: Recognizing International Intellectual Property Rights In Plant Genetic Resources, Rebecca L. Margulies

Michigan Journal of International Law

Accelerating deforestation in many tropical countries with the concomitant loss of plant species diversity incites increasing international concern. Until very recently, international environmental law tended to regard natural plant species as a "common heritage," a universal resource immune to private property claims. This common heritage approach to the problem of biodiversity loss has left the majority of plant species in a jurisprudential void, unprotected by property rights and subject to conflicting claims by countries with divergent goals. Unrelieved economic pressures force impoverished peoples in species-rich developing nations to resort to activities that ravage the forests, and the tragedy of biodiversity …

Translated Documents And Hague Service Convention Requirements, Christopher Cheng

Michigan Journal of International Law

Part I of this Note discusses translation requirement permitted under the Hague Convention, the provisions of the Convention governing service abroad, and when translation requirements apply to service abroad. Part II addresses complications arising from U.S. courts' strict interpretation of the requirements and their failure to consult the laws of the addressee state. Part III suggests practical methods which courts and attorneys can implement to avoid these complications. In general, both U.S. courts and attorneys must defer to foreign legal standards when applying Article 5. Because courts sometimes fail to consult foreign law, they have read national translation requirements more …

Participation And Litigation Rights Of Environmental Associations In Europe: Current Legal Situation And Practical Experience, David A. Wirth

Michigan Journal of International Law

Review of the book edited by Martin Führ and Gerhard Roller.

Sharing The Benefits Of Outer Space Exploration: Space Law And Economic Development, Edwin W. Paxson Iii

Michigan Journal of International Law

Part I of this Note will outline the evolution of space law as it concerns the sharing of benefits debate. Part II will analyze interpretations of the provisions of the two treaties central in the sharing of benefits debate, and will focus the debate by discussing the lunar mining issue. Part III will consider the challenge the New International Economic Order concept poses to legal obligations to share benefits. Part IV will evaluate various ways to share benefits and propose a new method which could promote economic development without hampering the incentive to conduct outer space exploration.

The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland

Michigan Journal of International Law

This article is directed at two objectives. It will first provide, in Part I, an outline of the history of the Brussels Convention from its inception to the present day. It will examine the growth of the Convention from a vague undertaking of the six original Member States of the EC, through various treaties of accession and the 1988 Lugano Convention with the EFTA, and finally to the text currently in force. Part II will discuss the nature of the Convention and the philosophy behind it. The second purpose of this article is a more pragmatic one: to provide the …

Basic Documents Of International Environmental Law, Ludwik A. Teclaff

Michigan Journal of International Law

Review of the book edited by Harald Hohmann.

U.S. Bilateral Investment Treaties: The Second Wave, Kenneth J. Vandevelde

Michigan Journal of International Law

This Article describes and appraises the second wave of negotiations. It functions as a sequel to an earlier article that described the first ten years of the program. Although the second wave of negotiations continues, and thus any conclusions about it necessarily are tentative, the second wave already has developed a variety of characteristics that distinguish it from the first wave. The goal of this Article is to identify the ways in which the second wave appears to differ from the first and to assess the significance of the differences.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

Towards European Union: The Treaty Of Maastricht, Eileen Barrington

University of Miami International and Comparative Law Review

No abstract provided.