International Law Commons^™

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

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No abstract provided.

Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel

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No abstract provided.

Relational Practices And The Marginalization Of Law: Informal Financial Practices Of Small Businesses In Taiwan, Jane Kaufman Winn

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This article looks at one component of Taiwan's development experience, the informal financing techniques used by small businesses, to clarify the interaction between the formal Republic of China (ROC) legal system and the network structure of Taiwanese society. The ROC legal system has supported the economic development process directly by regulating economic activity, and indirectly by facilitating the networks of relationships that also regulate economic activity.

The relational structure of traditional, rural Chinese society has survived in a modified form in modem Taiwan, and this modem form selectively blends elements of the modem legal system, networks of relationships, and the …

Response To Bert Van Roermund, Richard H. Weisberg

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The article responds to Bert van Roermund's arguments about the relationship between law and literature, emphasizing that literature serves as a unique jurisprudential source when it mimetically imitates legal expression. The author argues that literature's value lies in its ability to capture the narrative structures of legal communication, particularly in genres like the novel or novella, which self-consciously replicate legal narrativity. This mimetic quality distinguishes literature from other forms of art and makes it uniquely relevant to legal theory.

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

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No abstract provided.

The Myth That Israel's Presence In Judea And Samaria Is Comparable To Iraq's Presence In Kuwait, Malvina Halberstam

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No abstract provided.

A Treaty Is A Treaty Is A Treaty, Malvina Halberstam

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No abstract provided.

Dilemmas Of Justice, Stephen J. Schulhofer, Michel Rosenfeld

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The Hungarian Constitutional Court's decision to invalidate a retroactivity law aimed at prosecuting crimes committed during the prior regime highlights a tension between rule-of-law principles and demands for retributive justice. The court ruled that extending or reopening statutes of limitations violated constitutional guarantees of legal certainty, non-retroactivity, and the protection of rights previously conferred. The decision underscores the court's commitment to an expansive interpretation of constitutional rights, emphasizing the importance of predictable and foreseeable legal consequences. While the ruling prioritizes rule-of-law values, it leaves unresolved the question of how to address past injustices in post-totalitarian societies.

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

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No abstract provided.

The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman

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No abstract provided.

Environmental Warfare [Comment], Bernard H. Oxman

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No abstract provided.

Use Of Force Against Terrorist Bases: Introduction, Malvina Halberstam

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No abstract provided.

Self-Determination In The Arab-Israeli Conflict: Meaning, Myth, And Politics, Malvina Halberstam

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No abstract provided.

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

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No abstract provided.

Terrorism On The High Seas: The Achille Lauro, Piracy And The Imo Convention On Maritime Safety, Malvina Halberstam

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No abstract provided.

Successor Liability In Bankruptcy: Some Unifying Themes Of Intertemporal Creditor Priorities Created By Running Covenants, Products Liability, And Toxic-Waste Cleanup, David G. Carlson

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No abstract provided.

Terrorism, Malvina Halberstam

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No abstract provided.

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

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No abstract provided.

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

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No abstract provided.

Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam

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No abstract provided.

Act Of State And Other Problems With Restatement Ii (Revised), Malvina Halberstam

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No abstract provided.

The Japan-United States Salmon Conflict, Ralph W. Johnson

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This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …

The Japan-United States Salmon Conflict, Ralph W. Johnson

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This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

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In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

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The dispute between the United States and Canada regarding the apportionment of the Columbia River is not settled. In March 1959, pursuant to the 1944 reference, the International Joint Conimission submitted to the governments of Canada and the United States a comprehensive engineering report on "Water Resources of the Columbia River Basin" prepared by the International Columbia River Engineering Board. This report contains three plans for utilizing the resources of the Columbia. Two of these plans include diversion of part or all of the Kootenay River into the Columbia at Columbia Lakes. All three plans would develop about the same …

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

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In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.

The New Law Of Nations, Edwin D. Dickinson

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"In these disillusioned years which are the aftermath of the World War the law of nations has come to be regarded in many quarters with a kind of sophisticated skepticism. It is freely asserted that the law has proved a futile reliance, that it has broken down, and it is asked--with an air of unbelief too obvious to be misunderstood--What is there that is ever likely to be done about it?"

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

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"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

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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

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"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."