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International Law

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Articles 631 - 660 of 676

Full-Text Articles in Conflict of Laws

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf Jan 1988

International Concurrent Jurisdiction: Dealing With The Possibility Of Parallel Proceedings In The Courts Of More Than One Country, Bernd U. Graf

LLM Theses and Essays

This thesis will examine how legal systems deal with the phenomenon of multiple assumptions of jurisdiction over the same dispute. We will first look at public international law rules on jurisdiction, regulating (or not regulating) conflicting states' interests, which will give only modest guidance. In view of those rules, the subsequent chapters will deal with various national laws relating to the possibility of parallel proceedings in the courts of more than one country, and thus the possibility of the emergence of conflicting orders or judgments.

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Motion Pictures In American And International Copyright Law, Christof Siefarth Jan 1986

Motion Pictures In American And International Copyright Law, Christof Siefarth

LLM Theses and Essays

This thesis intends to examine some problems of motion pictures in American and international copyright law. Motion pictures are one of the most fascinating forms of communication and entertainment. They are of enormous commercial significance and are probably the most complex works in the field of copyright law. The American motion picture industry is heavily influential throughout the world. Therefore, the subject of this work will be mainly the American copyright law. Solutions of other legal systems are treated when they provide interesting alternatives or similarities.

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Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón Jan 1986

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions Jun 1985

Arbitration, Forum Selection And Choice Of Law Agreements In International Securities Transactions

Washington and Lee Law Review

No abstract provided.

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Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato Jan 1985

Nicaragua And International Law: The "Academic" And The "Real", Anthony D'Amato

Faculty Working Papers

Discusses questions about U.S. policy raised by the proceedings of the Nicaragua case. Was the United States within the exercise of its "inherent right of self defense"? Was the matter a political question for resolution by the Security Council and not suitable for adjudication by the International Court of Justice?

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Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam Jan 1985

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

Articles

No abstract provided.

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Duties And Powers Respecting Foreign Crimes, Daniel H. Derby Jan 1982

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

Scholarly Works

No abstract provided.

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Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz Jan 1979

Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz

Northwestern Journal of International Law & Business

Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …

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Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland Jan 1979

Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland

Northwestern Journal of International Law & Business

In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …

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Digest Of Important Canadian Cases Reported In 1976 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams Jan 1977

Digest Of Important Canadian Cases Reported In 1976 In The Fields Of Public International Law And Conflict Of Laws, Sharon A. Williams

Articles & Book Chapters

No abstract provided.

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Recent Decisions, Susan A. Shands Jan 1976

Recent Decisions, Susan A. Shands

Vanderbilt Journal of Transnational Law

This case presented the district and circuit courts with the problem of how to maneuver the forum's conflict of laws rules in order to apply Texas law to an injury caused by a defective product manufactured in Texas when the injury occurred on foreign soil. On a policy basis, the lower courts did make the more equitable decision in applying Texas law. Viewed under one commentator's test, both lower courts were applying the law that would give the most predictable and uniform results, maintain international and interstate order, simplify the judicial task, advance the forum's interest, and apply the better …

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Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel Jan 1974

Digest Of Important Canadian Cases Reported In 1973 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel

Articles & Book Chapters

No abstract provided.

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Digest Of Important Canadian Cases Reported In 1972 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel Jan 1973

Digest Of Important Canadian Cases Reported In 1972 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel

Articles & Book Chapters

No abstract provided.

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Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato Jan 1970

Manifest Intent And The Generation By Treaty Of Customary Rules Of International Law, Anthony D'Amato

Faculty Working Papers

I shall argue in this essay that the World Court used a method which might be called the rule of manifest intent in the North Sea Continental Shelf Cases, that this method differs from a more traditional approach found in the writings of publicists, and that this new method accords well with the growing need to objectify and place upon a scientific basis the methodology by which one may determine what in fact are the rules of customary law.

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Vietnam And Public International Law, Anthony D'Amato Jan 1969

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 …

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War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods Jan 1969

War Crimes And Vietnam: The "Nuremberg Defense" And The Military Service Resister, Anthony D'Amato, Harvey . L. Gould, Larry D. Woods

Faculty Working Papers

We have attempted to establish first that the international laws of warfare are part of American law, and have argued that these laws, when taken as prohibitions of specific methods of waging war, are a practical and effective means of controlling unnecessary suffering and destruction. Second, we have analyzed these laws as they apply to treatment of prisoners of war, aerial bombardment of nonmilitary targets, and chemical and biological warfare, and have marshalled a portion of the available evidence that American forces commit war crimes in Vietnam. Third, we have discussed the defenses of tu quoque, reprisal, military necessity, superior …

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Elliott Evans Cheatham, Willis L.M. Reese Dec 1968

Elliott Evans Cheatham, Willis L.M. Reese

Vanderbilt Law Review

Cheatham has made a marked imprint through his teaching and his writing on five areas of the law: international law, property, legal education, the legal profession, and conflict of laws. Of these, the legal profession is probably the field where his influence has been most deeply felt. Indeed, it is largely because of his ground-breaking casebook that the subject figures so prominently today in law school curriculums. Likewise, his Carpentier Lectures of a few years ago on "A Lawyer When Needed" provided the entering wedge into a subject that is of great contemporary significance. What Cheatham has done in the …

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Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown Mar 1967

Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown

Washington and Lee Law Review

No abstract provided.

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Legal Aspects Of The French Nuclear Tests, Anthony D'Amato Jan 1967

Legal Aspects Of The French Nuclear Tests, Anthony D'Amato

Faculty Working Papers

Even at the level of scholarly or diplomatic argumentation it is important to inquire into the competing interests and legal factors involved in the atmospheric tests. This is true not only because differing political expectations or even measures might depend on the consensus as to the legality or illegality of the French tests, but also because the precedential value of the tests will be of greater or less force depending upon whether there is agreement at the time of the tests that France was or was not acting within her international legal rights.

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Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner Jan 1967

Judgments Rendered Abroad - State Law Or Federal Law, Albert A. Lindner

Villanova Law Review (1956 - )

No abstract provided.

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International Res Judicata In The Netherlands: A Comparative Analysis, Hans Smit Oct 1966

International Res Judicata In The Netherlands: A Comparative Analysis, Hans Smit

Buffalo Law Review

No abstract provided.

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Some Aspects Of Enforceability Of Foreign Judgments: A Comparative Summary, Barbara Kulzer Oct 1966

Some Aspects Of Enforceability Of Foreign Judgments: A Comparative Summary, Barbara Kulzer

Buffalo Law Review

No abstract provided.

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Extraterritorial Application Of Penal Legislation, B. J. George Jr. Feb 1966

Extraterritorial Application Of Penal Legislation, B. J. George Jr.

Michigan Law Review

One of the most difficult words in the legal lexicon to delineate is the term "jurisdiction"; it is equally difficult to relate this term to the concept of "venue." The term "jurisdiction" is constantly invoked by courts in a variety of contexts, some relating to geography, some to governmental and judicial structure, some to legislative or judicial power, some to persons, and some to procedures. Thus, it is difficult to discern a common thread of meaning or a consistent pattern of application from the cases in which the word appears.

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The Inductive Approach Revisited, Anthony D'Amato Jan 1966

The Inductive Approach Revisited, Anthony D'Amato

Faculty Working Papers

A significant theoretical dispute has opened between Schwarzenberger and Jenks over the former's inductive approach to international law. At least three questions may be asked of the debate between Schwarzenberger and Jenks: (1) Is the inductive method inherently limited in its usefulness? (2) Given the use of an inductive approach, is there any room left for creativity in international law? (3) More basically, is Schwarzenberger's self-styled inductive approach really inductive?

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The Neo-Positivist Concept Of International Law, Anthony D'Amato Jan 1965

The Neo-Positivist Concept Of International Law, Anthony D'Amato

Faculty Working Papers

The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.

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Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso Jan 1965

Congress Answers The Supreme Court: Is Sabbitino Still Law, Dolores B. Sesso

Villanova Law Review (1956 - )

No abstract provided.

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Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein Jan 1965

Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein

Michigan Law Review

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.

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Conflict Of Laws-Full Faith And Credit-Extraterritorial Enforcement Of State Revenue Law, Edwin A. Howe Jr. Dec 1962

Conflict Of Laws-Full Faith And Credit-Extraterritorial Enforcement Of State Revenue Law, Edwin A. Howe Jr.

Michigan Law Review

As the operator of a parking lot within plaintiffs city limits, defendant was subject to a ten percent city tax on his gross receipts. He failed to report the whole of his receipts on his monthly tax returns, and plaintiff, the City of Philadelphia, duly notified him of a five thousand dollar deficiency. Defendant had a statutory right to petition for administrative review of the assessment within sixty days, failing which the liability would become fixed and no longer subject to review or appeal. Rather than appealing, defendant removed himself and his assets to New York, thus preventing plaintiff from …

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Treaties As A Source Of General Rules Of International Law, Anthony D'Amato Jan 1962

Treaties As A Source Of General Rules Of International Law, Anthony D'Amato

Faculty Working Papers

Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis

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The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig Mar 1960

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

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