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Full-Text Articles in Law

The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff Jan 1994

The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff

Michigan Journal of International Law

Considered in this article is the important question of whether the obligation to negotiate imposes an affirmative obligation on a state to seek actively negotiations with the other interested state or states before it can legally engage in certain activities, or whether the obligation to negotiate simply requires the state subject to the obligation to respond favorably when asked by the other state or states to enter into negotiations.


Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley Jan 1994

Israel's Forty-Five Year Emergency: Are There Time Limits To Derogations From Human Rights Obligations?, John Quigley

Michigan Journal of International Law

This article analyzes the permissibility of such a derogation under the Covenant and under general international law. Part I of this article outlines the historical development of Israel's declaration of a continuous state of emergency and its justification for detention without trial. Part II examines international rules on detention and derogation. Part III establishes a standard for declaring a state of emergency and applies this standard to Israel's declaration, with respect both to Israel's own territory and to the Palestinian territories occupied by Israel. Finally, Part IV inquires whether Israel will apply the Covenant as a matter of domestic law.


Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif Jan 1994

Multidisciplinary Perspectives On The Improvement Of International Environmental Law And Institutions, Linda C. Reif

Michigan Journal of International Law

Review of Environmental Change and International Law: New Challenges and Dimensions (Edith Brown Weiss ed.), Institutions for the Earth: Sources of Effective International Environmental Protection (Peter M. Haas, Robert O. Keohane, & Marc A. Levy eds.), and The Uncertain Promise of Law: Lessons from Bhopal. by Jamie Cassels


United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon Jan 1994

United Nations Intervention In Internal Conflicts: Iraq, Somalia, And Beyond, Ruth Gordon

Michigan Journal of International Law

Part I of this article will examine the concept of domestic jurisdiction. One of the principal purposes of the United Nations is the maintenance of international peace and security, which in 1946 was thought to essentially entail maintaining the peace between nation States. Internal power struggles and conflicts were thought to be within the jurisdiction of the State where they took place, unless they posed a rather substantial "threat" to the peace. Thus, the drafters of the U.N. Charter made sharp distinctions between internal and international conflicts. For instance, the Charter generally proscribes international, but not domestic, conflict, and the …


Books Received, Michigan Journal Of International Law Jan 1994

Books Received, Michigan Journal Of International Law

Michigan Journal of International Law

List of books received by the Journal.


A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland Jan 1994

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council's Arms Embargo On Bosnia And Herzegovina, Craig Scott, Abid Qureshi, Jasminka Kalajdzic, Francis Chang, Paul Michell, Peter Copeland

Michigan Journal of International Law

This Memorial seeks to present a framework of legal arguments with respect to the validity and legal effects of an arms embargo imposed by United Nations Security Council Resolution 713 in September 1991 on the Socialist Federal Republic of Yugoslavia (Yugoslavia), before its dissolution, and since treated as being in force with respect to the new states that have succeeded Yugoslavia. More particularly, the Memorial addresses the legality of maintaining (or, at least, having maintained during the crucial time period) the arms embargo in force, either de jure or de facto, against the Republic of Bosnia and Herzegovina (Bosnia) …