Law Commons^™

The Implementation Of The Rules Of Competition Of The European Economic Community, Hans-Jürgen Schlochauer

Buffalo Law Review

No abstract provided.

American Heirs Under The Law Of Poland, Ryszard L. Krzyzanowski

Buffalo Law Review

No abstract provided.

In Pursuit Of World Order. U.S. Foreign Policy And International Organisations. By Richard N. Gardner., Edward Mcwhinney

Buffalo Law Review

No abstract provided.

Judicial Notice Of Foreign Law, Jerome J. Krasa

Vanderbilt Law Review

A fundamental cleavage exists between the two methods of viewing judicial notice. Both views must be understood before the doctrine of judicial notice can be said to have a real meaning applicable to the whole variety of legal problems which arise today. This understanding must be achieved before many of the seeming inconsistencies in what has been written about the doctrine can be clarified. Finally, this basic understanding must be had if any comprehension of the operation of judicial notice in any specific field of law is possible.

Determining The Law Governing Performance In International Commercial Arbitration: A Comparative Study, Gabriel M. Wilner

Scholarly Works

Persons entering into commercial agreements of a transnational nature have often shown a preference for the arbitration tribunal rather than the court of law as the instrument for settling disputes which may arise between them.

The parties, who may be either individuals or legal persons, such as corporations, manifest their desire to employ arbitration by providing for its use in the arbitration clause of the contract. It is generally agreed that such a clause, whether or not it is considered as part of the main contract, is consensual in nature. But the significance of the agreement to arbitrate is determined …

Whiteman: Digest Of International Law, William W. Bishop Jr.

Michigan Law Review

A Review of Digest of International Law. Edited by Marjorie M. Whiteman

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …

Sovereign Immunity Restricted To Noncommercial Activity-Victory Transport Inc. V. Comisaria General De Abastecimientos Y Transportes, Michigan Law Review

Michigan Law Review

Although frequently criticized, the established doctrine of absolute sovereign immunity has long prevented suits in the courts of the United States against foreign nations without their consent. The Court of Appeals for the Second Circuit, however, in ,em>Victory Transport Inc. v. Comisaria General de Abastecimientos y Transportes, affirmed a district court order compelling arbitration between an American shipowner and the Spanish Ministry of Commerce in accordance with the terms of a contract to carry wheat from Alabama to Spain. Although the Spanish Consul asserted that the Ministry, as a branch of the Spanish government, was immune from suit …

Sovereign Immunity: The Right Of The State Department And The Duty Of The Court, Penelope Dalton

William & Mary Law Review

No abstract provided.

The Legality Of Nuremberg, F. Regan Nerone

Duquesne Law Review

Twenty years have now passed and still the controversy continues as to whether or not the trials at Nuremberg were in compliance with international law. Although the trials of the major war criminals are now left to the historian, they are still of great importance to the formulation of present international law and are therefore of great interest to the legal profession. Throughout the history of man war has plagued our society. At no time prior to the adoption of the Charter of the International Military Tribunal did the creation of war constitute a crime. The basic problem faced by …

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.

Arrest, Prosecution And Police Power In The Federal Republic Of Germany, Cyril D. Robinson

Duquesne Law Review

During the past few years numerous articles have examined arrest and prosecution procedures in the United States. Two aspects, in particular, have been criticized-the injustice of the bail system to the lesser offender and the attempted resolution of important social problems by penal legislation. Somewhat similar criticism concerning the frequency of arrest and the length of detention has been leveled at German criminal procedure. In order to correct these deficiencies, substantial amendments were made to the German Code of Criminal Procedure in December, 1964, effective April 1, 1965.

A Passing Glimpse At Diplomatic Immunity, Warren F. Koffler

Kentucky Law Journal

No abstract provided.

Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso

Villanova Law Review (1956 - )

No abstract provided.

The Act Of State Doctrine After Sabbatino, William J. Bogaard

Michigan Law Review

The United States Supreme Court recently decided, in Banco Nacional de Cuba v. Sabbatino, that American courts must enforce a recognized foreign government's expropriation decree even though the decree violates international law. The Court, contrary to the views of respected international lawyers, found this result dictated by the "act of state doctrine," which bars American courts from reviewing the validity of another nation's official acts. The decision, amid frequent revolutionary confiscations and national programs of expropriation, seriously draws into question the wisdom of further investments in developing countries. This is unfortunate because American foreign investments benefit the receiving country …

Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein

Michigan Law Review

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.