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Full-Text Articles in Law

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam Jul 1984

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

Articles

No abstract provided.

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The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Bruce H. Wildsmith May 1984

The International Law Of Pollution: Protecting The Global Environment In A World Of Sovereign States, Bruce H. Wildsmith

Dalhousie Law Journal

A good book must have focus. This may not be the only criteria for evaluating a book, but it is certainly a sine qua non. A scholarly work such as Professor Springer's is a means of communicating ideas; the sharper its focus the clearer the message of its author and the better it and he communicates. When reading this book I wondered about its focus: was there a central unified objective? Having now completed the book, I can see that the author has painted us a useful, but blurred picture. He has not quite brought into focus his objective; much …

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Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber Jan 1984

Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber

All Faculty Scholarship

No abstract provided.

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The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman Jan 1984

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

The special problem of identifying the juridical nature of coastal indentations is but one aspect of a more fundamental problem: the need to accommodate the legitimate exclusive interests of coastal states in maximizing wealth, power, and national security with the inclusive interests of the community of states in maximizing freedom of the seas. Throughout historical cycles of mares liberum and clausum, this fundamental accommodation has remained the central focus of the international law of the sea. Even today, after thoroughgoing codification efforts in 1958 and 1982: the legal regime of the oceans remains in transition.

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The Kahan Report: Justice Denied, Linda A. Malone Jan 1984

The Kahan Report: Justice Denied, Linda A. Malone

Popular Media

No abstract provided.

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Human Rights In The Middle East, Linda A. Malone Jan 1984

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.

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Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher Jan 1984

Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Canada's Arctic Jurisdiction In International Law, Donat Pharand Oct 1983

Canada's Arctic Jurisdiction In International Law, Donat Pharand

Dalhousie Law Journal

The purpose of this study is to make a brief overview of Canada's jurisdiction in the arctic regions, jurisdiction which has developed since the transfer of the Arctic Islands to Canada by Great Britain in 1880. The study will concentrate on Canada's jurisdiction over the water areas of the Arctic, but will also cover the status of the other areas involved. More specifically, the areas to be covered are: 1) the islands; 2) the continental shelf; 3) the waters in general; 4) the Northwest Passage; and 5) the airspace.

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Evidence Seized In Foreign Searches: When Does The Fourth Amendment Exclusionary Rule Apply?, Steven H. Theisen Oct 1983

Evidence Seized In Foreign Searches: When Does The Fourth Amendment Exclusionary Rule Apply?, Steven H. Theisen

William & Mary Law Review

No abstract provided.

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Ironies Of Intervention, Milner S. Ball Mar 1983

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …

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A Message Of Hope, Dean Rusk Mar 1983

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.

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Introduction To Panel I, Gabriel M. Wilner Mar 1983

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …

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Gradations Of Intervention In Internal Conflicts, Louis B. Sohn Mar 1983

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."

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Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn Mar 1983

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …

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1981-82 Survey Of International Law In The Second Circuit, Patricia J. Youngblood Jan 1983

1981-82 Survey Of International Law In The Second Circuit, Patricia J. Youngblood

Syracuse Journal of International Law and Commerce

This work examines the cases before the Second Circuit of the United States Court of Appeals 1981-1982, with special attention to relations with Cuba.

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United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt Jan 1983

United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt

Northwestern Journal of International Law & Business

New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.

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State Trading: Its Nature And International Treatment, Edmond M. Ianni Jan 1983

State Trading: Its Nature And International Treatment, Edmond M. Ianni

Northwestern Journal of International Law & Business

At least six considerations compel a review of the international practice of state trading. First, state trading is practiced widely throughout the world and embraces at least one quarter of world trade. From a domestic perspective, United States trade with state trading countries continues to grow and, therefore, is directly relevant to the United States national interest. Second, increasing international economic interdependence has augmented the role of state trading in international trade by the inducements of economic necessity and efficiency. Third, recent Eastern European trends toward greater private economic autonomy have facilitated trade relations between free market countries and state …

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Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop Jan 1983

Legal Protection Of Computer Programs In The United Kingdom, Timothy S. Bishop

Northwestern Journal of International Law & Business

The computer software and firmware industries spend an enormous sum of money each year on the development of new programs. Developing, marketing and maintaing an individual program may involve a substantial investment. A potential for profit obviously exists if a successful program can be copied, thereby saving development and other related expenses, or if a copmuter user can run a program wihtout paying the usual fees to its owner. It is hardly surprising that considerable attention is now being focused on the means by which owners may secure legal protection against the copying or unauthorized use of their programs.

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The Sinking Shipping Industry, Cynthia Y. Mccoy Jan 1983

The Sinking Shipping Industry, Cynthia Y. Mccoy

Northwestern Journal of International Law & Business

The United States has yet to develop a coordinated national shipping policy despite constant calls for a strong merchant marine dating from the country's inception. The lack of such a policy implicates broader national interests than those of shippers and ship-owners, such as the national defense, diplmoatic relations with United States trading partners, and the United States balance of payments.

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Book Review: Uniform Law For Internatioal Sales Under The 1980 United Nations Convention By John Honnold Jan 1983

Book Review: Uniform Law For Internatioal Sales Under The 1980 United Nations Convention By John Honnold

Northwestern Journal of International Law & Business

In 1980, a Diplomatic Conference of sixty-two states unanimously approved the United Nations Convention on Contracts for International Sale of Goods. This action concluded almost fifty years of effor to unify the law for the international sale of goods and, in the process, superseded the frequently criticized 1964 Hague Convention on the Uniform Law for the International Sale of Goods (ULIS) and the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF). Since that time, 21 states, including the United States, have signed the 1980 Convention and 2 states have ratified it.

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Extraterritoriality: A Candian Perspective, Allan E. Gotlieb Jan 1983

Extraterritoriality: A Candian Perspective, Allan E. Gotlieb

Northwestern Journal of International Law & Business

Extraterritoriality, or "ET" as it is known in the trade, has long been a controversial subject in international law. In recent years, several dramatic examples of its application have raised its profile considerably. Perhaps the most glamorous treatment of extraterritoriality is E.T., the recent fil abou the dilemmas an unusual creature faces when he finds himself trapped in a foreign jurisdiction.

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Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams Jan 1983

Williams V. Shipping Corp. Of India And Rex V. Cia. Pervana De Vapores, S.A.: The Seventh Amendment And The Foreign Sovereign Immunities Act Of 1976, Barbara A. Adams

Northwestern Journal of International Law & Business

Suits against foreign sovereigns and their agents or instrumentalities are being brought in increasing numbers by American citizens and businesses in the United States court to resolve legal disputes, both at the federal and state levels. Although formerly absolutely prohibited, suits against foreign sovereigns acting in various commercial and business capacities have been allowed in the United States since the 1940s. In response to both the multitude of foreign policy and legal problems, and the general confusion arising out of the attempts by the executive and judicial branches of government to decide whether foreign sovereign immunity should be granted in …

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United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds Jan 1983

United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds

Northwestern Journal of International Law & Business

The Western World is suffering from its worst recession since the depression of the 1930s. While many nations have been successful in reducing inflation, the level of unemployment continues to rise appreciably. Western governments have shielded domestic industries from foreign competition in an effort to preserve jobs. Political pressures have prompted those governments to fix the blame for their countries' economic ills on foreign culprits. They have turned away from international free trade and sought political salvation in protectionist policies. The international economic system has undergone severe strain.

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Appellations Of Origin: The Continuing Controversey, Lori E. Simon Jan 1983

Appellations Of Origin: The Continuing Controversey, Lori E. Simon

Northwestern Journal of International Law & Business

Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …

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United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt Jan 1983

United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt

Northwestern Journal of International Law & Business

The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …

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Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara Jan 1983

Worker Adjustment Assistance: The Failure & The Future, Steven T. O'Hara

Northwestern Journal of International Law & Business

Free trade has long raised the specter of job loss to a wide range of American workers, particularly in periods of recession. Today, with the weakening of free-trade supporters, and the corresponding protectionist pressure mounting, Congress may be taking its eye of the long term benefits of free trade and focusing instead on the short-term, politically attractive benefits of protectionism. This Comment argues, however, that protectionism will in fact add many new faces to America's unemployment lines, and prolong the world recession - for protectionism invites retaliation, and no nation is so insulated from the world economy that it can …

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An Overview Of The Japanese Legal System, Elliott J. Hahn Jan 1983

An Overview Of The Japanese Legal System, Elliott J. Hahn

Northwestern Journal of International Law & Business

Trade between the United States and Japan is growing at such a rapid pace that it is incumbent on those involved in private international law to be well-versed in the Japanese legal system. This Article is inteded to be of service to one weeking an overview of that system. The basic lesson for the reader is that the legal system is that the legal system of Japan differs significantly from that of the United States. This difference arises from disparate views of Americans and Japanese as to the fundamental purpose of a legal system. Upon reflection, it is perhaps not …

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Energy Policy: A Norwegian Perspective, Tore Tonne Jan 1983

Energy Policy: A Norwegian Perspective, Tore Tonne

Northwestern Journal of International Law & Business

Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.

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Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet Jan 1983

Trademark Licensing Agreements Under The Eec Law Of Competition, Rene Joliet

Northwestern Journal of International Law & Business

A vast amount of legal literature has addressed the problem of restrictive patent licensing under Article 85 of the EEC Treaty and a substantial number of decision illustrate the EC Commission's policy on that patent-antitrust issue. In contrast, trademark licensing agreement have hardly caught the attention of legal writers and the Campari case of 1977 is the only decision that deals with them. Such paucity of case law is surprising for two reasons. First, trademark licensing agreement are fairly common business practice in sectors such as beer, soft drinks, aperitifs, chocolate, cigarettes, or clothing; and second, several appliations for exemption …

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Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns Jan 1983

Some Aspects Of The Decision-Making Process In The European Communities, Francis Crijns

Northwestern Journal of International Law & Business

The European Community finds itself in a state of almost permanent crisis as the process of integration continues to stagnate; all of its noble objectives still be be realized; and since 1958, bedevilled with many new problems, especially in the areas of environmental and energy policy. Furthermore, the socio-economic sitaution has changed fundamentally with the enlargement of the Community to ten member states in 1981 which has weakened rather then strengthened the possibliities to cope with these difficulties. In addition to these general considerations, institutional factors, such as the procedures according to which decisions are made in the Communities and …

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