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1990

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International Law

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Articles 1 - 30 of 43

Full-Text Articles in Law

The Role Of The International Law Commission In The Decade Of International Law, Sompong Sucharitkul Dec 1990

The Role Of The International Law Commission In The Decade Of International Law, Sompong Sucharitkul

Publications

The object of this study is, as suggested by its title: "The Role of the International Law Commission in the Decade of International Law". In this exercise, the title role will be played by the International Law Commission in the context of the 'Decade of International Law' recently proclaimed by the General Assembly of the United Nations. The contribution to be expected of the Commission will be viewed from the perspective of the prospect of enhancing the practice of states in the adoption of available means of their choice for the peaceful settlement of international disputes.


Free Speech: It's Great For Hate, Kenneth Lasson Oct 1990

Free Speech: It's Great For Hate, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Michael Van Walt's The Status Of Tibet: History, Rights And Prospects In International Law (Book Review), Rebecca Redwood French Oct 1990

Michael Van Walt's The Status Of Tibet: History, Rights And Prospects In International Law (Book Review), Rebecca Redwood French

Book Reviews

No abstract provided.


Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom Oct 1990

Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.


More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr. Sep 1990

More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.

All Faculty Scholarship

The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.


Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn Jun 1990

Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn

Scholarly Works

As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the ...


Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis Apr 1990

Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis

Scholarly Articles

None available.


Globalization Of International Law In A Contemporary International Community, Sompong Sucharitkul Feb 1990

Globalization Of International Law In A Contemporary International Community, Sompong Sucharitkul

Publications

An article submitted to Leids Politicologisch Magazine.


Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte Jan 1990

Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte

Law Faculty Presentations and Testimony

Hearing to examine issues related to U.S. ratification of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requiring nations to take measures to prevent torture and cruel and inhuman treatment, to prosecute or extradite alleged torturers, and to provide civil remedies for torture victims.

Support for U.S. ratification of UN convention against torture; examination of and concerns about proposed reservations and conditions to convention text (related materials, p. 49-60, 69-72); justification for certain reservations relating to U.S. sovereignty.


The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato Jan 1990

The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato

Faculty Working Papers

The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current ...


Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis Jan 1990

Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis

Scholarly Articles

None available.


International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón Jan 1990

International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón

Scholarly Publications

In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from ...


The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis Jan 1990

The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis

Faculty Articles and Papers

In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article ...


Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey Jan 1990

Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey

Faculty Scholarship

No abstract provided.


The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley Jan 1990

The Modern Blood Feud: Thoughts On The Philosophy Of Terrorism, Christopher L. Blakesley

Scholarly Works

Herman Melville brilliantly lets us feel, through Captain Ahab, the sensation of destructive rage, hatred and violence. Sadly, Melville's insight penetrates to the core of society, perhaps of each of us, in today's omnipresent terroristic melodrama. We have all suffered moments of vicarious terror and rage over the past few years as we watched news accounts of terrorist incidents, such as the downing of Pan Am Flight 103 over Lockerbie, Scotland. The melodrama of terrorism has penetrated each of our lives. We see it and feel the rage nearly on a daily basis. Innocent children, women and men ...


The Lower Branches Of The Legal Profession: A London Society Of Attorneys And Solicitors Of The 1730s And Its Moots, Henry Horwitz, Lloyd Bonfield Jan 1990

The Lower Branches Of The Legal Profession: A London Society Of Attorneys And Solicitors Of The 1730s And Its Moots, Henry Horwitz, Lloyd Bonfield

Articles & Chapters

No abstract provided.


The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell Jan 1990

The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell

Journal Articles

No abstract provided.


Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford Jan 1990

Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford

Journal Articles

Today foreign investors have a new and powerful weapon to challenge denial of justice. Bilateral investment treaties (BITs) require “fair and equitable treatment” consistent with customary international law, including “the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principles of due process embodied in the principle legal systems of the world.” Those treaties also create a private right of action, empowering investors with the right to initiate international arbitral proceedings directly against the host State. BITs provide the substance and the means for the effective review of judicial behavior. These treaties do ...


Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer Jan 1990

Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer

Faculty Scholarship

In its Iran-Contra investigation, Congress faced legal challenges which evolved logically from the two-century long history of Congressional investigations, and yet at the same time were unmatched in their significance. One challenge concerned "use" immunity, and its employment when high advisers to the President faced parallel Congressional and criminal proceedings. A second concerned the investigation of a secret international "Enterprise," which, like similar enterprises, was established overseas to carry on international operations without public accountability, and was protected by multiple layers of secrecy sanctioned by law. This article addresses how history brought Congress to those challenges, and how Congress met ...


The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman Jan 1990

The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman

Faculty Scholarship

This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.


Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez Jan 1990

Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Multilateral Lending Activities/Development Assistance And Sustainable Development, David A. Wirth Jan 1990

Multilateral Lending Activities/Development Assistance And Sustainable Development, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth Jan 1990

Remarks (As Panelist) On "International Law: The Year In Review.", David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom Jan 1990

Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom

Boston College Law School Faculty Papers

No abstract provided.


Extradition To A State That Imposes The Death Penalty, Sharon A. Williams Jan 1990

Extradition To A State That Imposes The Death Penalty, Sharon A. Williams

Articles & Book Chapters

This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.


English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle Jan 1990

English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle

Elisabeth Haub School of Law Faculty Publications

It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks ...


Attributing Acts Of Omission To The State, Gordon A. Christenson Jan 1990

Attributing Acts Of Omission To The State, Gordon A. Christenson

Faculty Articles and Other Publications

In determining what conduct is attributable to the State under the international law of State responsibility, we normally work from specific behavior of particular government officials acting alone or in concert. Because the abstract "State" acts only through "agents" in control of the State or some part of its apparatus, any such acts of those individuals are attributed to the State if done under actual or apparent authority of the State. Responsibility of the State engages when such conduct causes harm in breach of international obligation.


Major Contemporary Issues In Extradition Law, Christopher L. Blakesley Jan 1990

Major Contemporary Issues In Extradition Law, Christopher L. Blakesley

Scholarly Works

In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.


Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton Jan 1990

Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel Jan 1990

Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel

Faculty Scholarship

No abstract provided.