International Law Commons^™

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review (1982 - 2011)

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.

Book Received, Law Library Staff

Vanderbilt Journal of Transnational Law

Books Received

Aspects of the International Banking Safety Net

By G.G. Johnson, with Richard K. Abrams

Washington, D.C.: International Monetary Fund, 1983. Pp. v, 36. $5.00

============

The Soviet Viewpoint

By Georgi Arbatov and Willem Oltmans

New York: Dodd, Mead, 1983. Pp. xviii, 219. $13.95

============

The Law of Corporate Groups: Procedural Problems in the Law of Parent and Subsidiary Corporations

By Phillip I. Blumberg

Boston and Toronto: Little, Brown and Company, 1983. Pp. xxxii, 527. $65.00

=============

Iraq & Iran: Roots of Conflict

By Tareq Y. Ismael

Syracuse: Syracuse University Press, 1982. Pp. xii, 226. $24.00 cloth; $12.95 paper …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Japan's Reshaping of American Labor Law By William B. Gould Cambridge, Massachusetts: The MIT Press, 1984. Pp.xii, 166. $19.95.

World Economic Outlook By The Staff of the International Monetary Fund Washington, D.C.: International Monetary Fund,1984. Pp. ix, 162. $15.00.

Recent Multilateral Debt Restructurings With Official and Bank Creditors By E. Brau and R.C. Williams Washington, D.C.: International Monetary Fund, 1983. Pp. vii, 28. $5.00.

The Fund, Commercial Banks, and Member Countries By Paul Mentre Washington, D.C.: International Monetary Fund, 1984. Pp. v, 35. $5.00.

International Law and the New States of Africa By Yilma Makonnen New York: Unipub, 1983. Pp. …

Arab-Israeli Conflict, Linda A. Malone

Faculty Publications

No abstract provided.

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.

The Frolova Case: A Practitioner's View, Anthony D'Amato

Faculty Working Papers

The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.

The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Protection Of Human Rights And State Sovereignty, Jost Delbruck

Indiana Law Journal

No abstract provided.

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

Human Rights And The Free Flow Of Information, Lung-Chu Chen

Articles & Chapters

"Human Rights and the Free Flow of Information." This topic immediately raises three key questions: the appropriate conception of human rights; the scope and reach of freedom of information; and finally, the bearing of one upon the other.

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …

Symposium: The Trial Of The "Gang Of Four" And Its Implication In China

Maryland Series in Contemporary Asian Studies

No abstract provided.

Book Reviews, Howard D. Coleman, Clark C. Siewert, John T. Smith Ii

Vanderbilt Journal of Transnational Law

Book Reviews

Human Rights: International Petition System

Binders 1 and 2

Maxine E. Tardu

Dobbs Ferry: Oceania Publications, Inc.,1979 and 1980. $75.00 per Binder.

Reviewed by Howard D.Coleman

--------------------------------------------

The International Law and Policy of Human Welfare

Edited by R. St. John Macdonald, D.M. Johnston and L. Morris

The Netherlands: Sijthoff and Noordhoff, 1978. Pp. xviii, 690. $95.

Reviewed by Clark C. Siewert

-----------------------------------------------

Deep Sea Mining

Judith T. Kildow, Editor

Cambridge, Massachusetts and London, England: MIT Press. 1980. Pp. 251.

Reviewed by John T. Smith II

Introduction: Human Rights And Jurisprudence, Myres Mcdougal, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Self-Determination: An Important Dimension Of The Demand For Freedom, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.

International Law And Basic Human Rights, Louis B. Sohn

International Law Studies

No abstract provided.

Acknowledgments And Introduction: Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.

The Right Of The Individual To Know And Act Upon His Rights And Duties: Monitoring Groups And The Helsinki Final Act, Virginia A. Leary Professor Of Law,

Vanderbilt Journal of Transnational Law

The provisions of the Helsinki Final Act relating to human rights stimulated a most extraordinary and probably unforeseen development the creation of ad hoc private citizen monitoring groups in signatory countries. No other international instrument on human rights has had a similar effect. The activities of these monitoring groups cannot be over emphasized. The phrase in Principle VII of the Final Act that the signatory states confirm the right of the individual to know and act upon his rights and duties constituted international recognition of the legitimacy of participation by private individuals in the monitoring of their own country's conformity …

Book Review, Ved P. Nanda

Vanderbilt Journal of Transnational Law

Human Rights and World Public Order

Myres S. McDougal, Harold D. Lasswell, and Lung-chu Chen

New Haven: Yale University Press, 1980. Pp. 116.

Reviewed by Ved P. Nanda

The Humanitarian Provisions Of The Helsinki Accord: A Critique Of Their Significance, Valery Chalidze

Vanderbilt Journal of Transnational Law

It is no exaggeration to say that the humanitarian provisions of the Helsinki Accord have been recorded in the history of international relations by virtue of not so much their content as the strong public response they have elicited. This reaction is perhaps surprising, for the humanitarian provisions of the Helsinki Accord itself are very weak. If the convergence of East and West means loss by the West of its legal perspective on issues as fundamental as human rights, then I would not recommend such a convergence. Keeping in mind the development of such problems in the future, it would …

The International Legal Significance Of The Human Rights Provisions Of The Helsinki Final Act, Alexandre C. Kiss, Mary F. Dominick

Vanderbilt Journal of Transnational Law

It may be submitted that the Helsinki Final Act is not a treaty, nor is it similar to resolutions of international organizations. In light of the language used in the text and the signatories' public expressions of intent, the human rights provisions must be deemed to have the same legal nature as the other provisions. The document as a whole falls within a special category of international legal instruments not anticipated by traditional definitions of the sources of international law--that is, non-binding, but directive texts which produce limited legal effects. Its foundation is agreement on a common objective: detente. Its …

The Soviet Human Rights Doctrine In The Crossfire Between Dissidents At Home And Critics Abroad, F.J.M. Feldbruggge

Vanderbilt Journal of Transnational Law

Political and foreign relations aspects, rather than justiciability and legal instrumentalities, have always been preponderant in So- viet human rights doctrine. It is widely admitted now, at least outside the Soviet Union, that the main purpose for the much- publicized inclusion of an extensive catalogue of basic rights in the 1936 Constitution of the USSR can only have been the crea- tion of a favorable impression upon the Western democracies.' One has to remember that this happened not only at a time when the victims of Stalinist terror were numbered in millions (making the constitutional pronouncements a lugubrious farce) but …

Table Of Contents: The Use Of Force, Human Rights, And General International Legal Issues

International Law Studies

No abstract provided.