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United States Compliance With The Helsinki Final Act: The Treatment Of Aliens, David Carliner

Vanderbilt Journal of Transnational Law

A casualty, sorely if not fatally wounded, of the Soviet armed intervention in Afghanistan is the once widely-touted Final Act of the Conference on Security and Cooperation in Europe concluded in Helsinki on August 1, 1975. The Conference was originally proposed by the Soviet Union in the 1950's in order to promote its perceived security interest in Europe and to legitimize its territorial boundaries in Eastern Europe. Though initially opposed to the idea, the United States finally supported it in 1972 as a means of promoting the "security that would come from an expansion of cooperation between East and West …

Human Rights And Asia, Mirza Hameedullah Beg

Santa Clara Law Review

No abstract provided.

Human Rights Research In Periodicals: A Bibliographic Note, Howard A. Hood

Vanderbilt Journal of Transnational Law

Research on implementation of the humanitarian provisions of the Helsinki Accord must include examination of the periodical literature. Articles on this topic are not restricted to specific journals, however, but are scattered throughout the gamut of human rights and general interest publications--from scholarly reviews and esoteric newsletters to the most popular magazines and newspapers. Research on the Accord thus encounters difficulties common to the investigation of the broad topic of human rights. Many of the relevant periodicals are obscure, unindexed, hard to locate, and ephemeral. Because of the global character of human rights concerns, journals and newsletters dealing with them …

The Approach Of The Helsinki Declaration To Human Rights, Antonio Cassese

Vanderbilt Journal of Transnational Law

The purpose of this paper is to outline briefly the basic attitude toward human rights evidenced in the Helsinki Declaration. By way of introduction, I shall describe summarily how perceptions of human rights have evolved in the United Nations since the adoption of the Charter in 1945. It is in this context that the novelty of the Helsinki exercise can be viewed and assessed.

There are many ways of analyzing and appraising United Nations action in the field of human rights over the years. This complex phenomenon can be divided into various stages, according to prevailing political philosophy. Three phases …

Prisoner And War Negotiations: The Korean Experience And Lesson, Harry P. Ball

International Law Studies

No abstract provided.

Prisoners Of War And The Code Of Conduct, William P. Lyons

International Law Studies

No abstract provided.

Prisoners Of War As Instruments Of Foreign Policy, Walton K. Richardson

International Law Studies

No abstract provided.

International Law And Basic Human Rights, Louis B. Sohn

International Law Studies

No abstract provided.

The Individual And International Law, Alona E. Evans

International Law Studies

No abstract provided.

Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

U.S. Navy Regulations, International Law, And The Organization Of American States, Theodore K. Woods Jr.

International Law Studies

No abstract provided.

Combat Restraints, Howard S. Levie

International Law Studies

No abstract provided.

The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson

Kentucky Law Journal

No abstract provided.

The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick

Vanderbilt Journal of Transnational Law

It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …

East European Perceptions Of The Helsinki Final Act And The Role Of Citizen Initiatives, Vratislav Pechota

Vanderbilt Journal of Transnational Law

Human rights are articulable expressions of legal ideas that can be readily identified. The developments of the last thirty-five years have created a duality of sources from which fundamental rights of the individual derive. There are, on the one hand, national human rights. They derive from the constitution and the laws of each nation, from its traditions, values and other elements that make up what may be appropriately called the "national human rights culture." They are expressive of the specific needs of each society and indicate the purposes for which governments are created. They necessarily differ from one country to …

The Soviet Human Rights Doctrine In The Crossfire Between Dissidents At Home And Critics Abroad, F.J.M. Feldbruggge

Vanderbilt Journal of Transnational Law

Political and foreign relations aspects, rather than justiciability and legal instrumentalities, have always been preponderant in So- viet human rights doctrine. It is widely admitted now, at least outside the Soviet Union, that the main purpose for the much- publicized inclusion of an extensive catalogue of basic rights in the 1936 Constitution of the USSR can only have been the crea- tion of a favorable impression upon the Western democracies.' One has to remember that this happened not only at a time when the victims of Stalinist terror were numbered in millions (making the constitutional pronouncements a lugubrious farce) but …

Yamashita, Nuremberg And Vietnam: Command Responsibility Reappraised, Franklin A. Hart

International Law Studies

No abstract provided.

International Law, The Oas And The Dominican Crisis, Charles G. Fenwick

International Law Studies

No abstract provided.

Review Of Human Rights, Pnina Lahav

Faculty Scholarship

This small volume, mostly of essays presented at the World Congress of the International Association for Philosophy of Law and Social Philosophy held in Australia in 1977, addresses a random sample of the many faces of human rights.

Introduction, William W. Bishop, Jr.

Vanderbilt Journal of Transnational Law

This issue of the Vanderbilt Journal of Transnational Law is a symposium devoted to human rights aspects of the Helsinki Final Act. The Conference on Security and Cooperation in Europe was convened in Helsinki July 3, 1973. After sessions there and in Geneva, all European states, both Western and Eastern (except Albania), took part, as did also the United States and Canada. On August 1, 1975, the Final Act of the Conference was signed at Helsinki by thirty-five nations. Its provisions had been laboriously arrived at by consensus rather than by voting. Early pressures for such a conference had come …

The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze

Vanderbilt Journal of Transnational Law

It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …

Human Rights Bibliography, Igor L. Kavass

Vanderbilt Journal of Transnational Law

It would be a mistake to assume that the concept of human rights as an ethical precept is an invention of recent origin. The shelves of libraries throughout the world are filled with books which either endeavor to define the inalienable rights of individuals or record the sad history of their constant and relentless abuse. Many of the world's greatest literary creations, from the Greek drama onward, chronicle man's cruelty to man. What is more effective in evoking a feeling of indignation about the perversity of human misery and suffering than the unforgettable books of writers with such culturally and …

Human Rights And The Helsinki Conference On Security And Cooperation In Europe, Jacqueline P. Granier

Vanderbilt Journal of Transnational Law

Preparatory talks for the Conference on Security and Cooperation in Europe began in November 1972, in Helsinki, Finland. This final product of seven months of discussions, known as the Blue Book, served as the procedural manual for the Conference when it officially opened in July 1973. It contains recommendations on various aspects of the Conference including organization, agenda, participation, rules of procedure and financial arrangements.

The organizational section provides that the Conference be divided into three working sessions designated Stages I, II, and III. Stage I was a ministerial level meeting designed to open the Conference and allow for the …

President Carter's Sermon On Human Rights In Foreign Policy, Charles Veenstra

Pro Rege

No abstract provided.

Advancing Human Rights Through The United Nations, John W. Halderman

Law and Contemporary Problems

No abstract provided.

Are Human Rights Good For International Business , Anthony D'Amato

Northwestern Journal of International Law & Business

When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …

Science, Technology And Human Rights, Yoram Dinstein

Dalhousie Law Journal

The rapid development of science and technology, particularly in the last generation, has had a tremendous impact on human rights. Many, perhaps most, human rights are adversely affected - in actuality or potentiality - by modern machines.' The subject has been discussed at great length by scientists and statesmen, lawyers and laymen, preachers and futurologists. But, to understand it in its proper perspective, it is believed that a typological approach is called for. It is necessary to distinguish between four different types of cases, in accordance with the nature of the relationship between science and technology, on the one hand, …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.

COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.

CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.

ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.

THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …

Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger

Vanderbilt Journal of Transnational Law

The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …

Individual Enforcement Of Obligations Arising Under The United Nations Charter, Scott Lord

Santa Clara Law Review

No abstract provided.