Law Commons^™

Prosecuting Terrorists: When Does Apprehension In Violation Of International Law Preclude Trial?, John M. Rogers

University of Miami Law Review

No abstract provided.

International Law And The Grotian Heritage, L C. Green

Dalhousie Law Journal

Recent emphasis on codification of this or that aspect of international law has encouraged a number of writers to re-examine the "classics" with a view to ascertaining the extent to which we have moved from the 17th and 18th centuries and how far the views of the "teachers" are still relevant or may even today be regarded as lexferenda. Coincident with the fourth centenary of the birth of Grotius, the Interuniversitair Instituut voor International Recht T.M.C. Asser Instituut in cooperation with the Grotiana Foundation organized a commemorative colloquium in the Peace Palace and the Academy of International Law at the …

The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp

Dalhousie Law Journal

The teaching of International Law at the Universit6 de Montr6al has continued to be of primary importance during the 14 academic years comprised between the years 1971 to 1985. This importance is evidenced by staff members devoting themselves, on a full-time basis, to international law and by the significant number of guest professors, sessional lecturers and teaching assistants that have been involved in the teaching of international law.

The Comprehensive Anti-Apartheid Act: A Case Study In The Legality Of Economic Sanctions

Washington and Lee Law Review

No abstract provided.

Trademark Law, Economics And Grey-Market Policy, Lars H. Liebeler

Indiana Law Journal

No abstract provided.

International Law And The United States' Air Operation Against Libya, Christopher J. Greenwood

West Virginia Law Review

No abstract provided.

Coming To Terms With Terrorism--Relativity Of Wrongfulness And The Need For A New Framework, Daniel H. Derby

Scholarly Works

No abstract provided.

Who May Leave: A Review Of Soviet Practice Restricting Emigration On Grounds Of Knowledge Of "State Secrets" In Comparison With Standards Of International Law And The Policies Of Other States, Jeffrey Barist, Owen C. Pell, Eugenia Oshman, Matthew E. Hamel

Hofstra Law Review

No abstract provided.

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …

United States Whale Policy: The Judiciary Casts Its Vote In Favor Of A Moderate Approach, Scott T. Larson

Vanderbilt Journal of Transnational Law

The Supreme Court's decision in Japan Whaling Association temporarily settled the question of whether the United States would pursue whale conservation with a hard line or moderate approach. The Court's decision to affirm the moderate approach will affect United States conservation efforts as well as the IWC's efforts. Conservationists argue that a strict approach to whale protection is the only effective alternative. Current United States policy and law reject that view. Had a full Court adopted a strict conservationist position with Justice Marshall and the other three dissenters, United States whale policy would be markedly different. United States policy would …

Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust

Vanderbilt Journal of Transnational Law

On October 7, 1985, members of a Palestinian group hijacked the passenger ship Achille Lauro. Not only did the hijackers hold more than one hundred passengers and crew members hostage for several days, but they murdered one of the passengers, Leon Klinghoffer, a United States national. On October 9 the hijackers released the vessel and remaining hostages. On October 10 the hijackers and an alleged mastermind of the operation, Mr. Abbas, were on board an Egyptian aircraft flying over the high seas in the Mediterranean when United States military aircraft intercepted the Egyptian aircraft and forced it to land in …

Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman

Vanderbilt Journal of Transnational Law

Kelsen, in his writings, took the position that in law, particularly international law, there are superior and inferior limits to the law; that is, when a norm is articulated and the society behaves in conformance with the norm, and it would do so even in the absence of the norm, the norm is not serving a legal function; it is not serving a normative function of encouraging behavior because the behavior would be in conformance with that norm in any event. There's also the inferior limit to the law; that is, a situation where a rule is articulated but the …

A Study Of Mexico's Capital Markets And Securities Regulation, Samuel Wolff

Vanderbilt Journal of Transnational Law

This Article will analyze Mexico's capital markets and regulations, primarily from an empirical point of view. The discussion will begin with an overview of the Mexican financial and legal systems to provide a context for the analysis of the market and the law. The essay will then discuss the Mexican securities market, including history, participants and characteristics. Finally, Mexico's Ley del Mercado de Valores ("Securities Market Law") will be analyzed." The objective of the study is to increase understanding of the Mexican market by Mexicans and foreigners alike. The study should be useful to policymakers in Mexico and other developing …

Regional Human Rights Regimes: A Comparison And Appraisal, Burns H. Weston, Robin A. Lukes, Kelly M. Hnatt

Vanderbilt Journal of Transnational Law

For Americans at least, active concern for human rights on the international plane is demonstrated perhaps most conspicuously in the promotion and protection of human rights through the United Nations and its allied agencies--apart, that is, from the promotion and protection of human rights through United States foreign policy and the work of such nongovernmental organizations as Amnesty International. Supplementing this globally-oriented human rights activity, however, are international human rights regimes operating regionally in Western Europe, the Americas, Africa and the Middle East. Concededly, Asia is not yet represented, and only the first three of the represented regions have gone …

Customary International Law In United States Courts, M. Erin Kelly

Villanova Law Review

No abstract provided.

Remarks Of Professor John F. Murphy, John F. Murphy

Vanderbilt Journal of Transnational Law

have been asked to address the topic of legal responses to state sponsored terrorism. As has been mentioned, I am chairing an American Society of International Law Committee on Responses to State Sponsored Terrorism. You may be interested to know that the mandate from the president of the American Society of International Law, Keith Highet, said that we should focus our attention on responses other than the use of armed force. I think that was wise, because the members of that particular committee would never agree in any way on the subject of military responses to terrorism. I will discuss …

China's Challenge To Traditional International Law: An Exposition And Analysis Of Chinese Views And Behaviour In International Law And Politics, Paul C. Yuan

Dalhousie Law Journal

Ever since the death of the great "helmsman", father of the Chinese Communist Party, Mao Zedong, in 1976 and the fall of the "Gang of Four"' China has entered a new era of socialist reconstruction characterized by a mass introduction of foreign capital and technology as well as capitalist methods of management. With its door wide open to the outside world for foreign investment, China has repeatedly expressed its desire to "do as the Romans do" and play by the rules of the world community. However, foreign businessmen and lawyers are still skeptical about China's real intentions and its fulfillment …

International Counterterrorism Cooperation: The Summit Seven And Air Terrorism, Geoffrey Levitt

Vanderbilt Journal of Transnational Law

This Article aims to contribute to an understanding of the reality and the potential of international cooperation to combat terrorism by examining one of the most important channels through which governments have attempted to achieve such cooperation: the Economic Summit Seven (the Seven or the Group). Focusing in particular on the Group's work in the area of terrorism against international civil aviation, this Article will discuss how and why the Group became involved in counterterrorism; review the Group's declarations on terrorism and their context; outline the international background to those declarations; describe the most important single action the Group has …

Economic Sanctions And International Terrorism, Kenneth W. Abbott

Vanderbilt Journal of Transnational Law

In this Article I hope to take at least a step toward clarifying these matters by presenting a framework for the analysis of antiterrorism sanctions and using that framework to discuss several of the sanctions that the United States currently employs.

Parts Two and Three of this Article set out the elements of the framework. Part Two begins by describing the varying forms or levels of state involvement in terrorism, shown graphically in Figure 1. All forms of state involvement are not alike, at least analytically, and Part Two will discuss the appropriateness of employing sanctions or other measures of …

Porfiry's Proposition: Legitimacy And Terrorism, Thomas M. Franck, Scott C. Senecal

Vanderbilt Journal of Transnational Law

Suppose that, in 1938, the Prague government of President Edvard Benes, foreseeing the inevitable dismemberment of Czechoslovakia after the Munich Pact, had infiltrated a trained death squad of German Jewish exiles across the German border, in civilian clothing, to assassinate Adolf Hitler. Suppose they had succeeded and had then fled to Holland.

How should international law govern this hypothetical event? Should it require Holland either to try the assassins for murder or to return them to Germany for trial? Or should it exculpate, even commend, the assassins for a job well done? Or should the law remain silent? Would the …

Preliminary Thoughts On Some Unresolved Questions Involving The Law Of Anticipatory Self-Defense, Rex J. Zedalis

Case Western Reserve Journal of International Law

No abstract provided.

American Bombing Of Libya: An International Legal Analysis, Gregory Francis Intoccia

Case Western Reserve Journal of International Law

No abstract provided.

The April 14, 1986 Bombing Of Libya: Act Of Self-Defense Or Reprisal, Jeffrey Allen Mccredie

Case Western Reserve Journal of International Law

No abstract provided.

Self-Help In Combatting State-Sponsored Terrorism: Self Defense And Peacetime Reprisals, Guy B. Roberts

Case Western Reserve Journal of International Law

No abstract provided.

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

Scholarly Works

Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.