Courts Commons^™

Court Of First Instance Of The European Communities, Gordon Slynn

Northwestern Journal of International Law & Business

The Court of Justice of the European Communities ("Court of Justice") deals with questions arising under the Treaties establishing the European Economic, the European Coal and Steel, and the European Atomic Energy Communities (collectively the "Treaties"). In 1962, its law reports ran to 512 pages, already double the number in 1959. In 1985, they comprised 4,050 pages. In 1962, 62 cases were brought before the Court; in 1985, the number had risen to 433. Not surprisingly cases coming before the Court took longer to resolve -- the period from lodging the action to judgment had slipped from nine months to …

Changes In The Publication Of I.C.J. Reports: Effects Of These Suggestions On Teaching International Law, Ignaz Seidl-Hohenveldern

Michigan Journal of International Law

In August, 1986, the Joint Inspection Unit ("J.I.U.") transmitted to the Secretary General of the United Nations a report on the Publications of the International Court of Justice. The report stressed the desirability of extending the U.N. language regime to the publications of the International Court of Justice. Hitherto, the Judgments and Advisory Opinions of the I.C.J. have been published in English and French only. The texts in these two languages are published in juxtaposition (en regard). The J.I.U. report proposes to publish in the future only a limited number of copies in this way "for the use …

The Foreign Sovereign Immunities Act And Act Of State, Malvina Halberstam

Articles

No abstract provided.

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

UIC Law Review

No abstract provided.

Clark Memorandum: Spring/Summer 1987, J. Reuben Clark Law School, J. Reuben Clark Law Society

The Clark Memorandum

• Going Dutch (Kira P. Davis)
• Abandoning Children to Their Rights (Bruce C. Hafen)

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …

Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Litispendence Between The International Court And The Security Council, Theodoor Jh Elsen

LLM Theses and Essays

The exception of lis pendens is an objection against the admissibility of the claim. The general power of the tribunal to hear the claim is not contested, but the special situation that a claim on the same cause of action is pending before another forum is alleged to preclude the tribunal from asserting jurisdiction. This essay focuses on the exception of lis pendens raised before the International Court of Justice or the United Nations Security Council when both organs are simultaneously engaged in the settlement of the same dispute.

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

A Conceptual Framework For Extradition And Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

International law is the language by which nations assert and attempt to resolve competing legal interests. As with any other language, if the definitions of essential concepts become muddled, it is difficult to communicate. The traditional bases of jurisdiction over extraterritorial crime are essential concepts in the language of international law. The decision to grant or deny extradition, for example, often depends on whether the interested nation recognizes the basis of jurisdiction asserted by another. Confusion over the traditional bases of jurisdiction therefore risks disagreement over and denial of extradition.

United States courts have recently expanded the traditional bases of …

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff

Michigan Journal of International Law

This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.

The Duty Of Federal Courts To Apply International Law: A Polemical Analysis Of The Act Of State Doctrine, James H. Lengel

BYU Law Review

No abstract provided.

United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

Scholarly Works

The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

The Exhaustion Of Local Remedies Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

No abstract provided.

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

Scholarly Works

In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …

Separation Of Powers And International Executive Agreements, Arthur W. Rovine

Indiana Law Journal

Symposium: Separation of Powers

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

AIR CHARTER REGULATION

By Jaap Kamp

New York: Praeger Publishers, 1976. Pp. 162. $16.50.

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ANATOMY OF INTERNATIONAL LAW

By J.G. Merrills

London: Sweet& Maxwell, 1976. Pp. 106. $7.55.

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AUSTRALIAN LAWYERS AND SOCIAL CHANGE

Edited by David Hambly & John Golding

Sydney: Law Book Company, Ltd., 1976. Pp. 392.$17.50.

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COLONIAL EMANCIPATION IN THE PACIFIC AND THE CARIBBEAN

By Arnold Leibowitz

New York: Praeger Publishers, 1976. Pp. 221.$20.00.

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THE DEVELOPING COMMON MARKET

By John Paxton

Boulder, Colorado: Westview Press, 1976. 3rd edition. Pp. 240. $25.00.

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ERSKINE MAY'S PARLIAMENTARY PRACTICE

Edited by Sir David Lidderdale

London: Butterworths, 1976. …

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.

Book Reviews, Edward H. Wall, Poeliu Dai

Vanderbilt Journal of Transnational Law

THE FUNCTION OF JUDICIAL DECISION IN EUROPEAN ECONOMIC INTEGRATION By C.J. Mann The Hague: Martinus Nijhoff, 1972.Pp. xiv, 567.

Edward H. Wall

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INTERNATIONAL PEACEKEEPING AT THE CROSSROADS: NATIONAL SuPPORT-EXPERIENCE AND PROSPECTS By David W. Wainhouse with the assistance of Frederick P. Bohannon, James E. Knott, Anne P. Simons. Baltimore: The Johns Hopkins University Press, 1973.Pp. 634. $22.50.

Poeliu Dai

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.

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 …

The Role Of Domestic Courts In The International Legal Order, Richard A. Falk

Indiana Law Journal

Symposium: Procedural Aspects of International Law

Federal Appellate Jurisdiction-International Extradition-Review Of Extradition Proceedings, Martin R. Fine S.Ed.

Michigan Law Review

The Consul General of Venezuela filed a complaint in a federal district court, pursuant to treaty and statute, seeking the extradition of former President Perez Jimenez for the crimes of murder and embezzlement. While the required extradition hearings were pending, Venezuela sought to use the civil deposition and subpoena procedure8 to compel several New York banks to produce records of deposits and to give depositions concerning the accounts of Jimenez and his alleged confederates. Jimenez moved for a protective order' to prevent Venezuela from obtaining and using these records as evidence against him in the extradition hearings. On appeal from …

The Unrecognized Government In American Courts: Upright V. Mercury Business Machines, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

What right have I, as the King's Judge, to interfere upon the subject of a contract with a country which he does not recognize?

Lord Eldon's words, written in 1823, have been echoed more than once by American judges, who have been as troubled as Eldon by problems complicated by diplomatic nonrecognition. Twentieth-century wars and revolutions have required American courts to decide whether unrecognized governments, entities created by them, their representatives, or their assignees could sue in domestic courts, often on matters of private right. Frequently, too, the courts have been perplexed by the effect of nonrecognition on the application …