International Law Commons^™

Foreign Consul - Exemption From Suit In State Courts, Julius I. Puente

Michigan Law Review

In a recent case decided in California the defendant, De Besa, and others, were licensed brokers, and in that character acted as fiscal agents for the sale of the stock of a certain California corporation. Plaintiff sued to rescind the contract for misrepresentation. Neither at the time suit was filed, nor at any time prior to the day when he testified at the trial was the defendant, De Besa, a recognized consular officer; but it seems (on this point the facts of the case are very vague) that on the date of the trial and at the time of the …

The Doctrine Of "Hot Pursuit"--A New Application

Michigan Law Review

A recent decision of the United States District Court for the District of South Carolina involves a point apparently unique in the records of international law. The Vinces, a schooner of British registry, laden with a cargo of intoxicating liquors not under seal, was discovered by the United States Coast Guard cutter Mascoutin seven and one-half miles off the coast and within one hour's sailing distance from the United States headed in the direction of land. On being hailed by the Mascoutin, the Vinces turned about and headed for the high seas. The cutter followed in continuous chase and overtook …

The Case Of The S. S. "Lotus", George Wendell Berge

Michigan Law Review

A momentous judgment was rendered by the Permanent Court of International Justice, sitting at the Hague, on September 7, 1927, in the Case of the S.S. Lotus. Interest in the case is especially manifest among students of international and maritime law, as well as others, because it is perhaps the first case to come before the Permanent Court in which the question for decision was a point of general international law. Thorough analysis and comment on the questions involved would fill a good-sized volume. Only a few observations can be made in this article on the merits of the …

International Law-Extraterritorial Criminal Jurisdiction

Michigan Law Review

The importance of assertions of the right to punish extraterritorial crime is directly related to the advance of international commercial and social intercourse. The earliest serious attempts to assert such a jurisdiction date only from the eighteenth century. Now, practically every state exercises some degree of jurisdiction over offenses committed abroad. But the extent of the power claimed by the different nations varies so as to cause doubt as to what is the international rule on the subject.

The Court Of Claims, J. H. Toelle

Michigan Law Review

The Court of Claims was established by Act of Congress in 1855. The original Act provided that at the commencement of each session of Congress, and at the commencement of each month during the session, the Court should report the cases upon which they should have finally acted, stating in each the material facts which they found established by the evidence, with their opinion in the case, and the. reasons upon which such opinion was founded, and the opinion of any judge who should dissent from the majority. It also directed the Court to prepare a bill or bills in …

International Law--Witholding Of Political Recognition--Suit By Russian Corporation In Court Of Equity, Edwin D. Dickinson

Articles

"The plaintiff corporation was incorporated in Russia under the Imperial government. Prior to the Russian Revolution it had deposited certain securities and moneys with the defendant, as trustee, as required by the New York statutes, for the protection of policy-holders and creditors. In this suit to compel the return of the funds the defendant claimed that the plaintiff corporation was no longer in existence because of the Russian Soviet decrees.... Held, that although the court cannot recognize the legal validity of the decrees of the Soviet government, the facts of the situation are such that justice and reason require …

The Russian Reinsurance Case, Edwin D. Dickinson

Articles

Professor Dickinson's second commentary on Russian Reinsurance Company v. Stoddard and Bankers Trust Company: "The facts in the Russian Reinsurance Company case were without precedent. The Reinsurance Company had been incorporated in Russia in 1899 under a special statute constituting its charter and by-laws.... In 1917 the revolutionary Soviet Government was established in Russia and seven of the eight persons constituting the company's board of directors was driven into exile. In 1918 Soviet decrees nationalized the company, confiscated its property, and apparently terminated its corporate existence. Nevertheless, the exiled directors held meetings in Paris and continued to direct the …

Waiver Of State Immunity, Edwin D. Dickinson

Articles

"English and American courts have come to regard it as 'an axiom of international law' that foreign states should be immune from suit in the national tribunals unless they to the expressly or impliedly waive their immunity and submit to the jurisdiction.... Yet it has not been doubted that states may waive immunity and submit to the local jurisdiction if they wish. In practice they frequently find it advantageous to do so. Some difficult questions arise when it becomes necessary to define the requisites of a waiver or to determine its precise effect in a particular case."

Recent Recognition Cases, Edwin D. Dickinson

Articles

"The prolonged interval during which the United States declined to recognize the government functioning in Mexico, and the still more protracted period during which recognition has been withheld from the de facto government in Russia, have produced some unusually interesting problems with respect to the appropriate judicial attitude toward an unrecognized de facto foreign government."

Is The Crime Of Piracy Obsolete?, Edwin D. Dickinson

Articles

"A few years ago it might have been surmised that in America at least a good deal of the old code in respect to piracy had passed from the law in reserve into the law in history. The important cases were nearly all one hundred years old or more....

There have been recent events, however, which challenge the assumption that the law of piracy is chiefly of historical significance. The country had hardly entered upon the new period of national prohibition when the rum ships descended upon its coasts... There sprang up, in consequence, to prey upon the rum ships, …

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

International Law, Edwin D. Dickinson

Reviews

Professor Dickson reviews "International Law," by C. G. Fenwick, noting that there are many such books available on the topic: monographs, casebooks, digests, collections of documents etc. He finds some of the material worthy of passing criticism and notes that "The chapters vary somewhat in quality and quantity." But Dickinson also praises "the fine tone of impartiality which makes it possible to present matters both recent and controverted in the restrained and temperate manner of the true scientist."

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

International Law-Extraterritorial Seizures In Times Of Peace-The Recent "Rum" Treaties

Michigan Law Review

It is commonly accepted as a general rule of the law of nations that the territorial jurisdiction of a littoral state extends three miles into the adjacent sea. 1 HYDE, INTERNATIONAL LAW, §141; EVANS, CASES ON INTERNATIONAL LAW, 2nd ed., p. 152, note. It has been held that even this rule does not preclude rights of innocent passage within three miles of the coast, The Queen v. Keyn (1876) L. R. Z. Exchq. Div. 63; EVANS, supra, p. 155 note; HYDE, supra; or of involuntary entrance by "stress of weather or by inevitable necessity'', 1 HYDE, supra, …

The Permanent International Court Of Justice

Michigan Law Review

The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …

Les Gouvernements Ou États Non Reconnus En Droit Anglais Et Américain, Edwin D. Dickinson

Articles

Professor Dickinson tackles the subject of non-recognition of governments or states in English and American law: "Pour conclure, voici les propositions de l'auteur. La reconnaissance d'un Gouvernement or Etat etranger est exclusivement une question politique. L'existence d'un Gouvernement ou Etat etranger est exclusivement une question de fait.... C'est une chose deja grave que de voir d'une menace dans les conflits diplomatiques..."

Note And Comment, George E. Longstaff, George L. Clark, Edwin D. Dickinson

Michigan Law Review

Constitutionality of the LA Follette Amendment to the Internal Revenue Law of 1921 - The United States Senate on November 5, 1921, inserted in the Revenue Act, then before the Senate, a provision that taxpayers in their income tax returns must specify what state and municipal bonds they hold, or else be subject to a penalty of five per cent. That provision was dropped out in conference, but it will come up again, and it is well to look at its constitutionality under the Fourth Amendment to the Constitution prohibiting unreasonable searches.

Status Of The Philippines, George A. Malcolm

Michigan Law Review

The mainland included within the boundaries of the United, States proper is now made up of States, and of the District of Columbia, specially created for the national capital. Outside of this compact territory are other units, not States, related in. some manner to the national government.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …

International Liability For Mob Injuries, Ernest W. Huffcut

Articles by Maurer Faculty

No abstract provided.