Law Commons^™

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.

Whose International Law?: Sovereignty And Non-State Groups, Benedict Kingsbury

Faculty Scholarship

This is the first of three keynote panels at this 88th Annual Meeting, under the overarching theme of "The Transformation of Sovereignty."

The Relationship Between International Law And Municipal Law In Light Of The Constitution Of The Republic Of Namibia, D.J. Devine

Case Western Reserve Journal of International Law

No abstract provided.

Straightening The "Timber": Toward A New Paradigm Of International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

Immanuel Kant once remarked: " Out of timber so crooked as that from which man is made, nothing entirely straight can be built." Understood in terms of international law, this philosopher's wisdom points toward a far-reaching departure from traditional emphases on structures of global power and authority. Newly aware that structural alterations of international law are always epiphenomenal, ignoring root causes of international crimes in favor of their symptomatic expressions, we could craft from this departure a new and promising jurisprudence. Acknowledging that human transformations must lie at the heart of all world-order reform, we could build upon the knowledge …

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger

Journal of Law and Health

The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …

The Legal Effects Of The Israeli-Plo Declaration Of Principles: Steps Toward Statehood For Palestine, Kathryn M. Mckinney

Seattle University Law Review

This Comment argues that the Declaration of Principles falls short of establishing a state of Palestine during the interim period provided for in the Declaration. However, this Comment presents the possibility that a state of Palestine will be established after the interim period. If a state of Palestine is established, it will have an effect on current United States law regarding Palestine and the PLO's sovereign immunity and standing to sue. The Declaration of Principles presents an opportunity to reevaluate the traditional view of Palestine. This Comment examines the Israeli-PLO Declaration of Principles and its effect on the changing legal …

The Interstellar Relations Of The Federation: International Law And Star Trek: The Next Generation, Michael P. Scharf, Lawrence D. Roberts

Faculty Publications

A recent University of Toledo Law Review article concerning the legal issues
dealt with in the television series Star Trek: The Next Generation (STNG)
became an overnight national sensation. Given that, during its seven seasons of
first-run episodes; STNG had been the most popular syndicated series on
American television, it is perhaps not surprising that the article should engender
so much public attention. The article, written by law professors Paul Joseph and Sharon Carton of Nova Southeastern University Law School, was not intended as however. Rather, it was a serious examination of the way STNG United Federation of Planets dealt …

Obstacles To The Creation Of A Permanent War Crimes Tribunal, Christopher L. Blakesley

Scholarly Works

Individual liability for war crimes is difficult to enforce and is unlikely to be accepted uniformly by states.

Individual criminal responsibility is the cornerstone of any international war crimes tribunal. Nuremberg Principle I provides that “[a]ny person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.” Acts by heads of state or other government officials, even if committed in an official capacity, may not constitute an immunity defense to or mitigate criminality. These officials, therefore, could also be held responsible for offenses committed pursuant to their orders. Additionally, liability for criminal …

Unidroit Principles Of International Commercial Contracts: The Black Letter Text And A Review, Joseph M. Perillo

Fordham Law Review

No abstract provided.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

TABLE OF CONTENTS

I. AID TO FOREIGN TRIBUNALS

II. TRADE

III.TREATIES

IV. IMMIGRATION

The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen

Vanderbilt Journal of Transnational Law

The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

This Case Digest provides brief analyses of cases that represent current aspects of international law. The Digest includes cases that establish legal principles and cases that apply established legal principles to new factual situations. The cases are grouped by topic and include references for further research.

The Nafta Investment Chapter And Foreign Direct Investment In Mexico: A Third World Perspective, Gloria L. Sandrino

Vanderbilt Journal of Transnational Law

The investment provisions of NAFTA, which establish a liberal investment regime and a hospitable atmosphere for foreign investment amongst its signatories, the United States, Canada, and Mexico, represents a new chapter in Mexico's approach to foreign investment. This Article examines the significance of Mexico's shift to welcoming foreign investment and its concomitant acquiescence to traditional notions of expropriation and compensation espoused by more developed states. The author explores Mexico's historical love-hate relationship with foreign investment and its role over the years as leading voice for Third World concerns regarding the potentially exploitive nature of such investment. In this article, a …

The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano

Vanderbilt Journal of Transnational Law

The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …

Default Breakdown: The Vienna Convention On The Law Of Treaties' Inadequate Framework On Reservations, Daniel N. Hylton

Vanderbilt Journal of Transnational Law

The 1969 Vienna Convention on the Law of Treaties attempted to give some order to the confusion that was treaty law after World War II. One treaty issue that was particularly in need of codification was the law governing reservations to treaties. With the growing number of participants in the international community making universal agreement more difficult, the frequency of reservations, as a vehicle for circumscribing disagreements in treaty negotiations, increased. However, most practices regarding reservations severely limited the ability of states to make reservations successfully. To remedy that problem, the Vienna Convention adopted a flexible approach to treaty reservations, …

Non-Proliferation, Self-Defense, And The Korean Crisis, Mark E. Newcomb

Vanderbilt Journal of Transnational Law

The United Nations, the United States, and other interested governments have sought to minimize the proliferation of nuclear weapons. North Korea's apparent attempts to begin production of nuclear materials clearly undermine the goal of non-proliferation. Moreover, the introduction of nuclear weapons onto the Korean peninsula, a site of continued political and military tension, has added a threat of potential nuclear conflict. This Article investigates the history of the Korean crisis and places North Korea's attempt to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons in the context of the international non-proliferation regime and policy. The author then examines …

Striking A Difficult Balance: Combatting The Threat Of Neo-Nazismin Germany While Preserving Individual Liberties, David E. Weiss

Vanderbilt Journal of Transnational Law

Through violence, intolerance, and fascism, neo-Nazis threaten the political and social structure of Germany's democratic state. As the neo-Nazi movement continues to grow throughout Germany, the German government faces the difficult challenge of quelling the neo-Nazis. By invoking the laws enacted to prevent the resurgence of Nazism, the government has infringed upon basic individual liberties such as freedom of expression and association. This Note discusses the various devices implemented by both Germany and the international community to combat neo-Nazis, and the effects these measures have had on the neo-Nazis themselves. This Note concludes that in attempting to strike an appropriate …

No Justice, No Peace: Accountability For Rape And Gender-Based Violence In The Former Yugoslavia, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

The Women in the Law Project of the International Human Rights Law Group (Law Group) sponsored a delegation to the former Yugoslavia from February 14 to 22, 1993. The delegation, which was also endorsed by the Bar Association of San Francisco, had two principal objectives.

Panel Iii: International Law, Global Environmentalism, And The Future Of American Environmental Policy, Thomas W. Merrill

Faculty Scholarship

From an American perspective, environmental law has undergone two bouts of centralization in the past three decades. Round one occurred in the 1970's, as Congress federalized vast areas of environmental law that had previously been the province of state and local governments. Round two, which is still in an incipient phase, represents the effort to internationalize environmental law.

The question I would like to address is what can we learn from round one about what is likely to happen in round two. My answer, in a nutshell, is that the primary driving force behind the federalization of environmental law in …

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston

WBIP Creation Up To 1993

No abstract provided.

Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.

September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson

WBIP Creation Up To 1993

No abstract provided.

Libya: An Exception To Sovereign Immunity, Brett Tolman

Brigham Young University Prelaw Review

The question of whether a foreign state should be granted sovereign immunity in cases of nationalization of a foreign investment was, in times past, rarely argued. Only when nationalization is the result of violations of international law are the acts of state denied immunity and susceptible to adjudication in the courts of foreign nations. On June 11, 1973 the Revolution Command Council of Libya issued Law No. 42 concerning the nationalization of the rights of Milton Bunker Hunt. The following argument will illustrate that because of commercial intent as well as discriminatory and compensatory violations of international law, the nationalization …

Libyan Law Nationalizes Milton Bunker Hunt Oil Fields, Christopher Kyler

Brigham Young University Prelaw Review

Conflicts steadily rise as multinational enterprises become more widespread throughout the world. As companies expand from their homelands into foreign lands, which do not always have the same economic systems, new laws create greater risks and various conflicts. The lack of clear international law only heightens the conflicts and opinions of those involved. Such is the case of a United States citizen, Milton Bunker Hunt, who owned and operated oil fields located in Libya. The real issue of this case is whether or not Libya was justified in this taking, and this can only be judged by the laws in …

The Bunker Hunt Case, Victor Sipos

Brigham Young University Prelaw Review

In recent decades, US courts have become more responsive to the ever-increasing commercialization of the world and more sensitive to the rights of US investors engaging in international markets. International trade has always posed risks to investors working under different legal systems within separate sovereign nations. The modern US stance on international law provides legal rights to US citizens which didn't exist even a quarter-century ago. The greatest concern of international investment is a foreign sovereign's power to nationalize interests within its boundaries without properly compensating the investor. In 1973, the Libyan extension of Milton Bunker Hunt oil interests encountered …