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Articles 2191 - 2220 of 2282
Full-Text Articles in Law
Provincial International Status Revisited, Thomas A. Levy
Provincial International Status Revisited, Thomas A. Levy
Dalhousie Law Journal
The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …
Provincial International Status Revisited, Thomas A. Levy
Provincial International Status Revisited, Thomas A. Levy
Dalhousie Law Journal
The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Dalhousie Law Journal
In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon
Dalhousie Law Journal
In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …
In Memoriam-Austin Vincent Clifford 1896-1975, Nat U. Hill
In Memoriam-Austin Vincent Clifford 1896-1975, Nat U. Hill
Indiana Law Journal
No abstract provided.
China's Use Of International Law In Border Disputes: The Cases Of India And The Soviet Union, Larry R. Schreiter
China's Use Of International Law In Border Disputes: The Cases Of India And The Soviet Union, Larry R. Schreiter
IUSTITIA
Despite American "containment" in the fifties and sixties, China was nevertheless a major actor on the international scene. The loci of China's practice of international politics ranged from the Bandung Conference to its ideological foray into European politics following the Hungarian rebellion in 1956. Along with this activism in the international environment, China turned her attention in the late fifties to the question of gaining mutual agreements with her neighbors on the delineation and regulation of the boundaries. This concern brought about some marked changes in bilateral foreign policy, and required dealings of both an ideological as well as technical …
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
"Criminal Records"--A Comparative Approach, Sigmund A. Cohn
Scholarly Works
There is in the United States a need to balance the interest of the public in the apprehension and conviction of criminals with that of individuals arrested but not convicted of any wrongdoing. As has been shown, some of the leading civil law countries have approached this goal in two ways: first, by not requiring an arrest in a great number of criminal cases and thus not furthering in the mind of the public the idea that arrest and criminal wrongdoing are identical, and second, by confining entries in criminal records, at least on principle, to final convictions of criminal …
Legal Approaches To The Trade In Stolen Antiquities, John B. Seabrook
Legal Approaches To The Trade In Stolen Antiquities, John B. Seabrook
Syracuse Journal of International Law and Commerce
The international trade in stolen antiques and artifacts is examined with a focus on restricting such transactions.
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Extraterritorial Environmental Protection Obligations Of Foreign Affairs Agencies: The Unfulfilled Mandate Of Nepa, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This article will focus on the initial Department of State position, as set forth in a legal memorandum which interpreted NEPA as not requiring compliance by a foreign affairs agency. It will then examine the language of the Act and its legislative history. Finally, the article will reveal a pattern of official self-insulation from national environmental policy, illustrated by the Export-Import Bank's continuing refusal to comply with NEPA's requirements. It will suggest that much remains to be done if NEPA is to be fully effective in governing the extraterritorial consequences of the federal government's actions.
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …
Force And The Charter In The Seventies, Julius Stone
Force And The Charter In The Seventies, Julius Stone
Syracuse Journal of International Law and Commerce
Force and the Charter is a very complex problem. It imports not merely the place of force in the relations of States within the Charter of the United Nations, but also the residual rules of international law, which themselves are very much older-several centuries older at least-than the United Nations. These are the residual rules of international law, customary international law, as we call it, concerning the use of force, insofar as the Charter has not abrogated those rules.
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.
Regulating Foreign-Based Institutions For Collective Investment: The German Statute, The American Experience, And The Oecd Standard Rules, Charles Baskervill Robson Jr.
Scholarly Works
The purpose of this article is to provide a framework for the comparative and critical examination of the West German Statute Concerning the Distribution of Foreign Investment Shares and the Taxation of their Proceeds of 28 July 1969 and the OECD Standard Rules. The reference point for this framework is the United States Investment Company Act of 1940 which is not only the most pervasive of the regulatory schemes affective collective investment institutions but also undoubtedly the scheme most familiar to most readers. This article will identify a number of the areas in which the American experience with the Investment …
Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn
Scholarly Works
The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Toward A Phenomenological Approach To Law: A Treatment For The Schizophrenia Of Contemporary Legal Regimes, George S. Robinson
Villanova Law Review (1956 - )
No abstract provided.
International Enforcement Of Air Security - United States Initiatives, Charles N. Brower
International Enforcement Of Air Security - United States Initiatives, Charles N. Brower
Villanova Law Review (1956 - )
No abstract provided.
The Nationalization Of Chile's Large Copper Companies In Contemporary Interstate Relations, John Fleming
The Nationalization Of Chile's Large Copper Companies In Contemporary Interstate Relations, John Fleming
Villanova Law Review (1956 - )
No abstract provided.
The 25th U.N. General Assembly And The Use Of Force, Dean Rusk
The 25th U.N. General Assembly And The Use Of Force, Dean Rusk
Scholarly Works
The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).
Foreign Intellectual Property And The United States Department Of Defense, Harry M. Saragovitz, William G. Gapcynski
Foreign Intellectual Property And The United States Department Of Defense, Harry M. Saragovitz, William G. Gapcynski
Villanova Law Review (1956 - )
No abstract provided.
Principles Of Nurnberg As A Defense To Civil Disobedience, The, Charles E. Patterson
Principles Of Nurnberg As A Defense To Civil Disobedience, The, Charles E. Patterson
Missouri Law Review
The judgment of the International Military Tribunal at Nurnberg ignited a controversy which still smolders over the meaning of the principles applied by the Tribunal and their application in international and domestic law. At the core of this continuing controversy is the theory of individual responsibility for the commission of crimes against peace which was formulated in the Charter of the International Military Tribunal and applied in its judgment. In several recent decisions in the courts of the United States this same theory of individual criminal responsibility of a citizen of the United States, arising from the alleged commission of …
Armed Reprisals During Intermediacy - A New Framework For Analysis In International Law, Alan N. Salpeter, Jonathan C. Waller
Armed Reprisals During Intermediacy - A New Framework For Analysis In International Law, Alan N. Salpeter, Jonathan C. Waller
Villanova Law Review (1956 - )
No abstract provided.
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Habeas Corpus In Peru: Myth And Reality, H. H. A. Cooper
Cleveland State Law Review
The purpose of the present article is not to criticize the laudable project of those whose object is to secure better protection for fundamental human rights, but rather to examine in detail the theory and practice of habeas corpus in one Latin American country, Peru, and to demonstrate that the greatest encroachments on human rights come not from political tyranny, as is popularly imagined, but from the malfunctioning of the legal system itself, against which even the most perfectly conceived habeas corpus is quite ineffective. It is trite but true that a legal system is only as effective as the …
Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli
Admiralty - Applicability Of The Jones Act To Foreign Seamen And Foreign Shipowners. Hellenic Lines Ltd. V. Rhoditis, 90 S. Ct. 1731 (1970), John A. Scanelli
William & Mary Law Review
No abstract provided.
Legal Order In A Violent World, By Richard A. Falk, George A. Lanyi
Legal Order In A Violent World, By Richard A. Falk, George A. Lanyi
Indiana Law Journal
No abstract provided.
The Public Interest And Private International Maritime Law, Allan I. Mendelsohn
The Public Interest And Private International Maritime Law, Allan I. Mendelsohn
William & Mary Law Review
No abstract provided.
Vietnam And Public International Law, Anthony D'Amato
Vietnam And Public International Law, Anthony D'Amato
Faculty Working Papers
With each international crisis inevitably come the selfstyled "realists" proclaiming that there is no such thing as public international law. The Vietnam war is no exception, although here, due to the unusual complexity of the facts and the controversy over the applicable rules of international law, many of the published replies to the "realist's" positions have themselves been insubstantial and unconvincing. Let us look first, briefly, at the arguments of one of the realists, and then, with equal brevity, at some of the counterclaims. The remainder of this comment will be addressed to the larger issues involved and some suggested …
Compensation For Expropriated Property In Recent International Law, Amir Rafat
Compensation For Expropriated Property In Recent International Law, Amir Rafat
Villanova Law Review (1956 - )
No abstract provided.
Chapter I: Submarine Warfare And International Law, W. T. Mallison Jr
Chapter I: Submarine Warfare And International Law, W. T. Mallison Jr
International Law Studies
No abstract provided.
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell
William & Mary Law Review
No abstract provided.
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen
William & Mary Law Review
No abstract provided.