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International Law

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Institution
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Articles 571 - 587 of 587

Full-Text Articles in Law

Review Of International Product Liability, David S. Cohen Jan 1981

Review Of International Product Liability, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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Dames & Moore V. Regan, Lewis F. Powell Jr. Oct 1980

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr. Jan 1980

Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

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"Criminal Records"--A Comparative Approach, Sigmund A. Cohn Feb 1974

"Criminal Records"--A Comparative Approach, Sigmund A. Cohn

Scholarly Works

There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …

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When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman Jan 1974

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

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Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson Jan 1974

Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.

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Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr. Jun 1973

Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.

Scholarly Works

The purpose of this article is to provide a framework for the comparative and critical examination of the West German Statute Concerning the Distribution of Foreign Investment Shares and the Taxation of their Proceeds of 28 July 1969 and the OECD Standard Rules. The reference point for this framework is the United States Investment Company Act of 1940 which is not only the most pervasive of the regulatory schemes affective collective investment institutions but also undoubtedly the scheme most familiar to most readers. This article will identify a number of the areas in which the American experience with the Investment …

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Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn Mar 1973

Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn

Scholarly Works

The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …

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The 25th U.N. General Assembly And The Use Of Force, Dean Rusk Dec 1972

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

Scholarly Works

The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).

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Vietnam And Public International Law, Anthony D'Amato Jan 1969

Vietnam And Public International Law, Anthony D'Amato

Faculty Working Papers

With each international crisis inevitably come the self­styled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counterclaims. The remainder of this comment will be addressed to the larger issues involved and some suggested …

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The Inductive Approach Revisited, Anthony D'Amato Jan 1966

The Inductive Approach Revisited, Anthony D'Amato

Faculty Working Papers

A significant theoretical dispute has opened between Schwarzenberger and Jenks over the former's inductive approach to international law. At least three questions may be asked of the debate between Schwarzenberger and Jenks: (1) Is the inductive method inherently limited in its usefulness? (2) Given the use of an inductive approach, is there any room left for creativity in international law? (3) More basically, is Schwarzenberger's self-styled inductive approach really inductive?

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The Neo-Positivist Concept Of International Law, Anthony D'Amato Jan 1965

The Neo-Positivist Concept Of International Law, Anthony D'Amato

Faculty Working Papers

The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.

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The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne Apr 1964

The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne

Faculty Publications

This paper attempts to more accurately define the doctrine of equitable apportionment governing non-navigable use of international rivers so that practitioners of international law may more easily predict the results of future cases.

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Treaties As A Source Of General Rules Of International Law, Anthony D'Amato Jan 1962

Treaties As A Source Of General Rules Of International Law, Anthony D'Amato

Faculty Working Papers

Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis

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International Law And Interstate River Disputes, William W. Van Alstyne Jan 1960

International Law And Interstate River Disputes, William W. Van Alstyne

Faculty Publications

No abstract provided.

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The United Nations Organization And International Law, Harrop A. Freeman Jan 1946

The United Nations Organization And International Law, Harrop A. Freeman

Faculty Publications

No abstract provided.

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Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack Mar 1940

Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack

Faculty Publications

No abstract provided.

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