International Law Commons^™

Sisyphus Resurrectus: Jimmy Carter And The Making Of American Foreign Policy, Robert A. Friedlander

Connecticut Journal of International Law

Reviewing: MORALITY, REASON, AND POWER: AMERICAN DIPLOMACY IN THE CARTER YEARS. By Gaddis Smith. New York: Hill and Wang, 1986. 296 pp. Cloth, $17.95; Paper, $8.95.

Connecticut Developments In International Legal Affairs, George C. Springer Jr.

Connecticut Journal of International Law

Connecticut is not isolated from world events. Innovations in transportation, communications and other technologies, along with the burgeoning of the global economy and an increased involvement in foreign affairs have increased the extent to which Connecticut is impacted by world events. In recognition of this fact, the Connecticut Journal of International Law presents this section entitled Connecticut Developments in International Legal Affairs. In each issue this section will highlight new law in Connecticut, the impact of which transcends state and national boundaries. While not an exhaustive compilation, this information should draw the attention of Connecticut practitioners and businesspersons to important …

Integration And Independence: The Development And Role Of Subregional Organizations In Fostering Effective Sovereignty In The Eastern Caribbean, Gerard C. Chasseau

Connecticut Journal of International Law

On 6 August 1962, Jamaica became the first British Caribbean island to achieve its independence from Great Britain. During the period from 1962 to 1973, the larger Caribbean states of Trinidad and Tobago, Guyana, Barbados and the Commonwealth of the Bahamas followed Jamaica's lead by becoming independent of Great Britain.1 The smaller Windward and Leeward Islands also achieved their independence from Great Britain during the period from 1974 to 1983.

The achievement of sovereignty came in the wake of several attempts at attaining political and economic integration in the British Caribbean, modeled generally on the structure and format of existing …

Elasticity Of Obligation And The Drafting Of The Convention On The Rights Of The Child, Cynthia Price Cohen

Connecticut Journal of International Law

At the end of its annual session in 1987, the Open-Ended Working Group on a Draft Convention on the Rights of the Child had drafted and adopted all but a few of the proposed substantive articles and, with the help of a small drafting party, had put together a composite model implementation mechanism for consideration at the 1988 session.1 It may be possible for the final draft of the Convention to be presented to the United Nations General Assembly by 1989, in time to celebrate the thirtieth anniversary of the Declaration of the Rights of the Child.

While work on …

Eliminating Terrorism: A Law And Justice Approach, John Quigley

Connecticut Journal of International Law

States have increasingly turned their attention to the issue of international terrorism carried out by non-state groups. Many have formulated preventive and punitive measures in an effort to stop such terrorism. These measures are of limited utility, however. Most non-state terrorism derives from strong national-political motivations. It cannot be deterred by threat of sanction, particularly because engaging in the actions themselves is dangerous, which means that fear of a sanction is secondary to fear of death during an action. It is, moreover, difficult physically to prevent terrorist acts with airport security or similar measures.

At the same time, the preventive-punitive …

The Influence Of The United States Constitution's Bill Of Rights Upon The Constitutions Of The Countries Of The World, Patricia L. Hero

Connecticut Journal of International Law

As Professor Blaustein's address reflects, the impact of the United States Constitution upon constitutions throughout the world has indeed been great. This appendix documents that impact with respect to the first ten amendments to the United States Constitution, commonly known as the Bill of Rights. Listed are the articles of constitutions throughout the world in which a United States influence is evident. The dates in parentheses correspond to the last year in which the constitution was amended. This appendix was begun as an exhibit at the Jacob Burns Law Library, the National Law Center, George Washington University, and was expanded …

The Supreme Court As Interpreter Of Executive Foreign Affairs Powers, Nancy E. Powell

Connecticut Journal of International Law

With the recent nomination and rejection of Robert Bork to the United States Supreme Court, the topic of constitutional interpretation and the role of the judiciary took center stage as the American public followed the debate on Judge Bork's ideology and qualifications. Simultaneously the President carried on a policy in the Persian Gulf which included the reflagging of Kuwaiti oil tankers, retaliatory bombing raids on Iranian oil refineries and attacks against Iranian mine-laying boats.' The commitment of United States forces in the absence of express declaration by Congress has brought the War Powers Resolution2 into controversy again. The constitutionality of …

Our Most Important Export: The Influence Of The United States Constitution Abroad, Albert P. Blaustein

Connecticut Journal of International Law

The United States Constitution is this nation's most important export. From its inception its influence has been felt throughout the world. Even where that influence has not resulted in democracy and freedom, it has still brought the hope of, in Abraham Lincoln's words, "government of, by and for the people."

The story of that influence is a story worth telling. The protagonists of this story, America's Founding Fathers, were constitutional proselytizers. The constitution they had written was a unique breakthrough in the ever-continuing struggle for human freedom and liberty-and they knew it. The Founding Fathers wanted every nation to have …

Selected Readings On International Courts And The Protection Of Human Rights, Dennis C. Benamati, David R. Voisinet

Connecticut Journal of International Law

These materials are designed for scholars and students interested in further examining the subject of international courts and the protection of human rights. Included are analytical works and sources of information on the European Court of Human Rights, the Inter-American Court of Human Rights, and emerging regional organizations. The selected readings complement the speeches and articles presented in the conference issue and are therefore quite limited in scope. They include only English language titles and, except for the most relevant, omit materials published prior to 1980. United Nations sources are also excluded.

Commentary, Brian Walsh

Connecticut Journal of International Law

No abstract provided.

Human Rights In The Asian Context: Prospects For Regional Human Rights Instruments, Virginia A. Leary

Connecticut Journal of International Law

This conference issue concerns International Courts and the Protection of Human Rights; it appears incongruous to include an article on Asia, a region where there is no court of human rights, no regional convention on human rights, not even an inter-governmental commission on human rights. But no discussion of worldwide protection of human rights would be complete without considering developments in that immense part of the globe labeled "Asia."

It has been said that the American regional human rights system is in its infancy. Using the same analogy, it would be appropriate to observe that an Asian human rights system …

Commentary, Thomas Buergenthal

Connecticut Journal of International Law

There is much I would like to say in commenting on the subjects touched upon by our panelists. But since you are no doubt impatient to adjourn for lunch, I shall limit myself to a few brief remarks about the problems we face in getting domestic judges to apply international human rights law. Two stories illu

Kampuchean Genocide And The World Court, Gregory H. Stanton

Connecticut Journal of International Law

No abstract provided.

The European Court Of Human Rights, Brian Walsh

Connecticut Journal of International Law

No abstract provided.

Introductory Address: Conference On International Courts And The Protection Of Human Rights, Joseph I. Lieberman

Connecticut Journal of International Law

No abstract provided.

Soviet Attitudes Toward International Human Rights Law, Olimpiad S. Ioffe

Connecticut Journal of International Law

The Soviet approach to human rights is very complicated. Three factors have contributed to the complexity: Marxist-Leninist dogmata, the requirements of international law and a very peculiar domestic situation. Marxist-Leninist dogmata, the official doctrines in the Soviet Union, are incompatible with the very concept and substance of human rights. Human rights are, by definition, inseparable from human beings, yet Marxist-Leninist doctrine treats these rights as emanating from the state. Thus, in the Marxist-Leninist future, when communism truly exists, the state and its laws will wither away and the need for human rights will cease to exist.

Foreword: International Courts And The Efficacy Of International Law, Mark Weston Janis

Connecticut Journal of International Law

No abstract provided.

The Law Of Nations' Effect Upon Free Speech: Finzer V. Barry, Gregory T. D'Auria

Connecticut Journal of International Law

The international law obligations of the United States are seldom the subject of Supreme Court opinions. This is true even though Congress has the constitutional power to "define and punish .. .Offenses against the Law of Nations."' The United States Supreme Court has recently granted certiorari in the case of Finzer v. Barry2 in which the the District of Columbia Circuit Court of Appeals held that an international law obligation on the part of the United States creates an interest sufficient to justify a viewpoint-based statute which would otherwise be found unconstitutional because of its infringement upon the first amendment …

Assessing The Cost Of Terrorism, Orrin G. Hatch

Connecticut Journal of International Law

Reviewing:

TERRORISM: How THE WEST CAN WIN. Edited by Benjamin Netanyahu. New York: Farrar, Straus, Giroux, 1986. 254 pp. $18.95.

HYDRA OF CARNAGE: INTERNATIONAL LINKAGES OF TERRORISM-THE WITNESSES SPEAK. Edited by Uri Ra'anan, Robert L. Pfaltzgraff, Jr., Richard H. Shultz, Ernst Halperin, and Igor Lukes. Lexington, Mass. & Toronto: Lexington Books, 1986. 656 pp. $42.00.

GOVERNMENT VIOLENCE AND REPRESSION: AN AGENDA FOR RESEARCH. Edited by Michael Stohl and George A. Lopez. Westport, Conn.: Greenwood Press, 1986. 267 pp. $35.00.

Four Decades After Nuremberg: The Prospect Of An International Criminal Code, Gerhard O.W. Mueller

Connecticut Journal of International Law

On February 19, 1986, the United States Senate voted overwhelmingly to approve the Convention on the Prevention and Punishment of the Crime of Genocide [Genocide Convention].1 President Reagan, who has long urged approval of the Genocide Convention, recently signed the Genocide Convention into law.' These developments augur well for the future of international criminal law. This commentary examines the history of international penal law instruments and analyzes efforts by the world community to create an international penal code. The commentary will also discuss the arguments against such a code, which may have contributed to the thirty-seven year delay in approval …

The U.S.-U.K. Supplementary Extradition Treaty: Justice For Terrorists Or Terror For Justice?, Phyllis Jo Baunach

Connecticut Journal of International Law

Acts of international terrorism directed against civilians, whether perpetrated by governments or liberation movements, pose serious threats to world public order. Unwarranted, seemingly senseless bombings of public places, airplanes, or embassies cause needless loss of hundreds of lives and massive property damage. These activities threaten human rights and democratic values as much as government suppression of dissident views. Commentators have thus challenged international terrorist activities, whether perpetrated by individuals or by governments, as being beyond the scope of traditional human dissent or revolution in quest of liberty.

The desire to bring terrorists to justice, however, often conflicts with the desire …

Observations On The Independence And Impartiality Of The Members Of The International Court Of Justice, Edward Gordon

Connecticut Journal of International Law

In the course of withdrawing from proceedings instituted against it by Nicaragua before the International Court of Justice [ICJ], the United States government leveled sharply worded and uncompromising charges against the Court. It accused the Court of deliberately ignoring "irrefutable" evidence and law in deciding it had jurisdiction to try the case, and it came close to saying that the majority of the Court was so determined to find in Nicaragua's favor that no amount of evidence or pleading would dissuade them.

No more serious charges can be made about an adjudicative body than that its judgments are made in …

National Attitudes Towards International Human Rights Law In The United Kingdom, David Seymour

Connecticut Journal of International Law

In order to understand the British attitude' towards international organizations designed to protect human rights, one must understand the deeply rooted traditional British view of human rights themselves. One begins this examination of traditional legal philosophy with the influence of Jeremy Bentham in the eighteenth century. Bentham stated, "Look to the letter and you'll find nonsense; look beyond the letter and you'll find nothing. Natural rights is simple nonsense-nonsense upon stilts." A century later, Dicey, the great constitutional lawyer, stated in his seminal work on the study of the law of constitutions that most foreign constitution framers have begun with …

Arab Attitudes Toward International Human Rights Law, Istvan Pogany

Connecticut Journal of International Law

I have interpreted the theme of national attitudes towards international human rights law somewhat differently from the other panelists. The majority of the panelists have dealt with the municipal law of particular states and the way in which such municipal systems have taken account of international human rights law. Instead, I propose to discuss the attitude of the Arab states towards international measures for the protection and the promotion of human rights, with particular references to regional mechanisms.

The Inter-American Commission Of Human Rights, Christina M. Cerna

Connecticut Journal of International Law

No abstract provided.

The European Commission Of Human Rights, Heribert I. Golsong

Connecticut Journal of International Law

No abstract provided.

Human Rights In The Americas: View From The Inter-American Court, Thomas Buergenthal

Connecticut Journal of International Law

No abstract provided.

The State Monopoly Of Foreign Trade And The Family Of Socialist Legal Systems, W. E. Butler

Connecticut Journal of International Law

The "family of socialist legal systems" is an analytical classification widely used in international and comparative legal studies to characterize the core similarities and differences shared by the members of that family which distinguish them in aggregate from other families of legal systems. What those similarities and differences are, the respective weight that should be given to them, the aggregate required to place a legal system within one family rather than another, the impact of socio-economic, political, cultural, and legal change upon the core similarities and differences, the reasons for engaging in comparative legal analysis, and the interactions of extra-family …

Commentary: The European System, Rudolf Bernhardt

Connecticut Journal of International Law

No abstract provided.

Aerial Piracy And Terrorism: Unilateral And Multilateral Responses To Aircraft Hijacking, Paul Stephen Dempsey

Connecticut Journal of International Law

Terrorism has become the nightmare of the modern world. The means by which terrorism manifests itself are as brutal as they are imaginative. They include the highjacking of aircraft, with United States flag carriers as prime targets. They include the shooting of passengers at airports, in cities like Rome and Vienna, and the bombing of hotels and restaurants, in cities like Berlin and Paris.

Terrorism is the symptom of a disease. It is the disease of the militarily weak, the politically frustrated, and the religiously fanatic. The Palestinians, the Catholic Irish, the Basques, the Kurds, and a hundred other tribes …