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Full-Text Articles in Law

Individual Enforcement Of Obligations Arising Under The United Nations Charter, Scott Lord Jan 1979

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

Santa Clara Law Review

No abstract provided.


Table Of Contents Volume 60 Documents On Prisoners Of War Jan 1979

Table Of Contents Volume 60 Documents On Prisoners Of War

International Law Studies

No abstract provided.


To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy Jan 1979

To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy

Vanderbilt Journal of Transnational Law

This article will describe and evaluate the Egyptian-Israeli Peace Treaty, and set it in historical and contemporary perspective in order to highlight some of the primary problems facing decision-makers in their deliberations on approaches to resolve the Arab-Israeli conflict in the Middle East. The article will then consider alternative courses of action available to the world community in light of principles of the United Nations Charter and of other sources of public international law and justice, political feasibility and the perceived interests of all parties to the conflict. Lastly, it will suggest new approaches to the problem, with a view …


International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust Jul 1978

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium


Human Rights In Canadian Society: Mechanisms For Raising The Issues And Providing Redress, A. Wayne Mackay May 1978

Human Rights In Canadian Society: Mechanisms For Raising The Issues And Providing Redress, A. Wayne Mackay

Dalhousie Law Journal

To the great body of the people, the whole mass of right is without remedy. Selling justice to the favoured few, denying it to the many, the system gives the rights in outward show; takes them away in effect; gives rights by what it says, takes them away by what it does. 1 Society has changed since Jeremy Bentham made the above observation. However, the problem he identified has not been eliminated. The gap between what governments say about human rights and what they do about violations of human rights is wide. In spite of occasional verbal protests from other …


Toward Freedom From Value, Richard Stith Jan 1978

Toward Freedom From Value, Richard Stith

Law Faculty Publications

No abstract provided.


Health Care As A Human Right, Roger A. Ritvo, Edward A. Mckinney, Pranab Chatterjee Jan 1978

Health Care As A Human Right, Roger A. Ritvo, Edward A. Mckinney, Pranab Chatterjee

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights And United States Foreign Relations: An Overview, Patricia M. Derian Jan 1978

Human Rights And United States Foreign Relations: An Overview, Patricia M. Derian

Case Western Reserve Journal of International Law

No abstract provided.


Human Rights And Wrongs: The United States And The I.L.O.--A Modern Morality Play, Bruce L. Rockwook Jan 1978

Human Rights And Wrongs: The United States And The I.L.O.--A Modern Morality Play, Bruce L. Rockwook

Case Western Reserve Journal of International Law

No abstract provided.


The Anthropocentric Theory Of International Law As A Basis For Human Rights, S. Prakash Sinha Jan 1978

The Anthropocentric Theory Of International Law As A Basis For Human Rights, S. Prakash Sinha

Case Western Reserve Journal of International Law

No abstract provided.


Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman Jan 1978

Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman

Vanderbilt Journal of Transnational Law

Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …


Books Received, Law Review Staff Jan 1978

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

HUMAN RIGHTS IN A ONE-PARTY STATE.

The International Commission of Jurists. London: Search Press, 1978. Pp. 133.

This work is a report of a seminar conducted by the international Commission of Jurists in Dar-es-Salaam, Tanzania in 1976. The topics discussed include the maintenance and furtherance of social and individual rights in the constitutional one-party systems which have developed in Eastern Africa since independence from colonial rule. Specific attention is focused on the experiences of Tanzania, Zambia, and Sudan.

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RESOURCE MANAGEMENT AT THE INTERNATIONAL LEVEL.

By Oran Young.

New York: Nichols Publishing Company, 1977. Pp. 252.$16.00.

The emphasis of this …


War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein Jan 1978

War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein

Vanderbilt Journal of Transnational Law

Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?

The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …


Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1978

Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen Jan 1978

The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen

Other Publications

No abstract provided.


Books Received, Journal Staff Jan 1977

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

THE ARAB OIL WEAPON

By Jordan J. Paust & Albert P. Blaustein

Dobbs Ferry, New York: Oceana Publications, 1977. Pp. 370.$27.50.

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ARBITRATION IN SWEDEN

Stockholm: Stockholm Chamber of Commerce, 1977. Pp. 212. $25.00.

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THE DECLINE OF DEMOCRACY IN THE PHILIPPINES

A Report of Missions by William J. Butler, John P. Humphrey, & G.E. Bisson. Geneva: International Commission of Jurists, 1977. Pp. 97. $4.00.

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DE-RECOGNIZING TAIWAN: THE LEGAL PROBLEMS

By Victor H. Li

Washington: Carnegie Endowment for International Peace, 1977.Pp. 48. $1.50.

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EAST-WEST TRADE, A SOURCEBOOK ON THE INTERNATIONAL ECONOMIC RELATIONS OF SOCIALIST COUNTRIES AND THEIR LEGAL …


Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade Jan 1977

Dual Claim And The Exhaustion Of Local Remedies Rule In International Law, B. O. Iluyomade

Vanderbilt Journal of Transnational Law

Notwithstanding the anomaly of the procedural requirement that local remedies available in the respondent state must be exhausted before there can be diplomatic intervention on behalf of a national, there can be no doubt that the rule serves some very useful purposes and has become generally accepted. This is demonstrated by the significant role the rule now plays in the resolution of issues before the European Commission of Human Rights. Because the rule is often discussed in the context of a complaint of denial of justice, considerable difficulties may be encountered in determining when the rule should be complied with. …


The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen Jan 1977

The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


The Social Setting Of Human Rights: The Process Of Deprivation And Non-Fulfillment Of Values, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1977

The Social Setting Of Human Rights: The Process Of Deprivation And Non-Fulfillment Of Values, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


The Credibility Gap In Human Rights, Niall Macdermot May 1976

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.


The Credibility Gap In Human Rights, Niall Macdermot May 1976

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.


The Credibility Gap In Human Rights, Niall Macdermot May 1976

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.


The Credibility Gap In Human Rights, Niall Macdermot May 1976

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.


The Credibility Gap In Human Rights, Niall Macdermot May 1976

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.


Books Received, Journal Staff Jan 1976

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …


Books Received, Journal Staff Jan 1976

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

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BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

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BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

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THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

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Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau Jan 1976

Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau

Vanderbilt Journal of Transnational Law

Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.

The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …


Political Prisoners: The Law And Politics Of Protection, David P. Forsythe Jan 1976

Political Prisoners: The Law And Politics Of Protection, David P. Forsythe

Vanderbilt Journal of Transnational Law

In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …


Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen Jan 1976

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.


Book Reviews, Joseph J. Norton, L. Harold Levinson Jan 1975

Book Reviews, Joseph J. Norton, L. Harold Levinson

Vanderbilt Journal of Transnational Law

When considered as an installment in the unfolding of Friedmann's views, based on his earlier writings, the conclusion to the book under review is to be cherished. When considered, on the other hand, solely in context of the contributed chapters of the same volume, the conclusion does not emerge as Friedmann at his most forceful or persuasive. To find the best of Friedmann, we need only sample his prolific contributions to the law reviews, whether on the United States involvement in the Vietnam conflict, the judgment of the International Court in the South West Africa cases, the risks to humanity …