Law Commons^™

The Jurisprudence Of Judge Hardy Cross Dillard, Charles E.M. Kolb

Vanderbilt Journal of Transnational Law

The purpose of this article is to provide a critical assessment of Judge Dillard's performance during his tenure on the International Court of Justice. Much of this article will be "jurisprudential" in scope, endeavoring to examine developments in international legal theory and international organizations during the past two decades and to assess recent decisions written by the Court. The approach will in part be an institutional one, taking into consideration the ability of an individual member of the Court to shape decisional outcomes of an international body which must resolve contentious litigation and render advisory opinions within the structure of …

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 …

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, …

Extraterritorial Application Of The Federal Securities Code: An Examination Of The Role Of International Law In American Courts, George M. Taylor Iii.

Vanderbilt Journal of Transnational Law

When the Securities Act of 1933 and the Securities Exchange Act of 1933 were enacted, the international capital market was in its infancy, and the legion difficulties of regulating transnational securities transactions had not evidenced themselves. The adaptation of those laws to the international economy has been largely the work of courts. The Securities and Exchange Commission, whose single venture into the field has not proved fully successful, has gladly acquiesced in the case by case approach to extraterritorial securities jurisdiction. On the other hand, Congress has for the most part remained silent. Since extraterritorial application of the securities laws …

Recent Cases, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Prisoners Of War In International Armed Conflict Subject Index, Howard S. Levie

International Law Studies

No abstract provided.

Chapter V The Punishment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

The Arab Economic Boycott Of Israel: The International Law Perspective, Preston L. Greene, Jr.

Vanderbilt Journal of Transnational Law

Most of the discussion about the Arab economic boycott of Israel has focused on its effect upon United States law. Even when the discussion centers on moral and ethical considerations, the focus remains on the United States. This limited perspective, however, merely reflects the vast global economic interests of the United States. Nonetheless, the extensive analysis of American law and practices has tended to obscure the importance of applicable international norms. This article examines the effects and implications of the Arab boycott upon existing and evolving norms of contemporary international law. To properly analyze the international legal norms, the operative …

Freedom Of Transnational Movement: The Helsinki Accord And Beyond, Daniel C. Turack

Vanderbilt Journal of Transnational Law

Initial formal evaluation of the implementation of the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki on August 1, 1975, [hereinafter Helsinki Accord] took place at a 35-nation conference in Belgrade during the period from October 4, 1977, to March 9, 1978. The Helsinki Accord, though not a treaty, sets forth various principles of governmental conduct concerning freedom of transnational movement. The Accord morally commits participating states to implement certain measures either domestically or with other states, to respect, promote, and encourage human rights and fundamental freedoms.

The Helsinki Accord is divided into three …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. Admiralty A State has Standing to Sue to Recover the Cost of Replacing Natural Resources Destroyed by Pollution

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2. Aliens' Rights Executive Order Barring Lawfully Admitted Resident Aliens from Federal Civil Service is Valid

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3. Constitutional Law Scope of Lacey Act Limited to Foreign Laws Designed to Protect Wildlife

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4. European Economic Community Restrictive Resale Provisions, Discriminating Pricing Policies, and Refusals to Deal by Corporation with a Dominant Position in a Substantial Part of EEC Violates Article 86 of the EEC Treaty

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5. International Travel Statute Suspending Social Security Income Benefits for Recipient Temporarily Out …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

COMMERCIAL OPERATIONS IN EUROPE

Edited by R. M. Goode and K. R. Simmons Published for the Faculty of Laws; Queen Mary College, University of London Boston: A. W. Sijthoff, 1978. Pp. 448.

COMPARATIVE CONSTITUTIONAL LAW

By Mauro Cappelletti and William Cohen Indianapolis, Indiana: Bobbs -Merrill, 1979. Pp. 628.

COMPARATIVE LAW: WESTERN EUROPEAN AND LATIN AMERICAN LEGAL SYSTEMS

By John H. Merryman and David S. Clark Indianapolis, Indiana: Bobbs -Merrill, 1978. Pp. 1278.

THE DISCIPLINE OF LAW

By Lord Denning London: Butterworths,1979. Pp. 330.

INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS BETWEEN STATES

By Guy S. Goodwin -Gill Oxford: Clarendon Press, …

Legal And Diplomatic Developments In The Northwest Atlantic Fisheries, Douglas M. Johnston

Dalhousie Law Journal

Within the astonishingly brief timespan of five or six years, a fundamental change has been wrought in the international law of fisheries. Even to those only fleetingly familiar with current developments in the law of the sea, it is apparent that the establishment of 200-mile fishing zones in many parts of the world must signify a major legal change in the world of fishing. Indeed many of us have already become sufficiently accustomed to the new order that it may be useful to remind ourselves of the old order which has now yielded place to it. The classical approach to …

Normalization Of Relations With The People’S Republic Of China: Practical Implications, Hungdah Chiu

Congressional Testimony

Hearings Before the United States House of Representatives, Committee on International Relations, Subcommittee on Asian and Pacific Affairs. 95^th Congress, 1^st Session (September/October, 1977).

The Control And Prevention Of Transnational Pollution: A Case For World Habeas Ecologicus, Luis Kutner

University of Miami Inter-American Law Review

No abstract provided.

Delimitation Of Marine And Submarine Areas: The Gulf Of Venezuela, Mary Jeanne Reid Martz

University of Miami Inter-American Law Review

No abstract provided.

Law Of The Sea Conference - Why Paralysis, G. W. Haight

Journal of Maritime Law and Commerce

No abstract provided.

Book Review. International Claims: Their Settlement By Lump Sum Agreements By R. B. Lillich And B. H. Weston, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

The Foreign Sovereign Immunities Act Of 1976: Giving The Plaintiff His Day In Court, Kevin P. Simmons

Fordham Law Review

No abstract provided.

Book Review. The Concept Of Jus Cogens In The Law Of Treaties By C. L. Rozakis, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Use Of Force For The Protection Of Nationals Abroad: The Entebbe Incident, David J. Gordon

Case Western Reserve Journal of International Law

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

A Practical Guide to U.S. Taxation of Overseas Americans

By Thomas E. Johnson

London: Raftwain Ltd., 1977. Pp. 311. $25.00.

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The Impact of International Organizations on Legal and Institutional Changes in the Developing Countries

New York: International Legal Center, 1977. Pp. 275.

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U.S. Customs Tariffs and Trade

By Eugene T. Rossides

Washington, D.C.: The Bureau of National Affairs, Inc., 1977. Pp. 826. $45.00.

Book Review, Nicholas A. Sims

Vanderbilt Journal of Transnational Law

It is a pleasure to welcome a well-written book on arms control, and one, moreover, that has grown out of the exigencies of an undergraduate course and is designed to meet the needs of students. Because INTERNATIONAL ARMS CONTROL: ISSUES AND AGREEMENTS was the work of several hands, its lucidity and consistency are the more admirable. Comprehensive in scope, it goes just far enough in setting arms control in its various contexts (political, military, cultural, and ethical) without straying out of bounds. It raises a multitude of questions without pretending to answer them all. I found it refreshing to read …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

The Gamesman

By Michael Maccoby

New York: Bantam Books,1978. Pp. 302. $2.75.

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1976 Digest of United States Practice in International Law

Edited by Eleanor C. McDowell

Dep't of State Publication, 1977.Pp. 850.

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. …

Introduction: Afro-America And International Law, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

International Law In The New Greek Constitution, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

Territorial Waters--Ownership And Control, James D. Dennis

Case Western Reserve Journal of International Law

No abstract provided.

Book Review. International Development Banks By John Syz, Henry J. Richardson Iii

Articles by Maurer Faculty

No abstract provided.

The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton

Indiana Law Journal

No abstract provided.

The Law And The Whale: Current Developments In The International Whaling Controversy, Carl Q. Christol, John R. Schmidhauser, George O. Totten

Case Western Reserve Journal of International Law

No abstract provided.