International Law Commons^™

A Lighter Burden For Refugees: The Well-Founded Fear Standard Of Immigration And Naturalization Service V. Cardoza-Fonseca, Linsley J. Barbato

Connecticut Journal of International Law

The United States' historical role as a haven for the world's persecuted and homeless has been tested in recent years. Immigration policies originally adopted to accommodate Europeans migrating to the United States after World War III have been amended by Congress to regulate the influx of a far more diverse group of refugees. The IndoChinese boat people of the 1970s and the Cubans and Haitians of the early 1980s provided only a glimpse of the various groups seeking shelter in the United States today - a more complete list includes natives of El Salvador, Nicaragua, Iran, Iraq, Guatemala and the …

Disappearances: Towards A Declaration On The Prevention And Punishment Of The Crime Of Enforced Or Involuntary Disappearances, Matthew Lippman

Connecticut Journal of International Law

The term "disappearances" 1 (in Spanish desaparecido or "to have disappeared") was first used to describe the plight of the victims of Latin American death squads in the 1960s.1 It is estimated that 90,000 people have disappeared in Latin America alone over the past two decades3 and, in recent years, the practice has spread to Africa, Asia and the Middle East.

Disappearances have been characterized as "the highest stage of political repression, because [they] immediately hinder[] the application of legal codes established for the defense of personal freedom, physical integrity, human dignity, and life itself." Once an individual is abducted, …

Choice-Of-Law And The Liability Of Foreign States, Clyde H. Crockett

Connecticut Journal of International Law

The Foreign Sovereign Immunities Act of 1976 [FSIA],' provides the exclusive basis upon which American courts may assume jurisdiction over suits against foreign nations and their agencies and instrumentalities.' However, a compendium of the rules respecting the rights and obligations of parties to FSIA cases does not exist. Some federal statutory rules of decision on the liability of foreign states to private entities have been enacted, but they are few in number and limited in scope. In the absence of a detailed listing of rights, one conceivable option is to determine the applicable law through existing choice-of-law rules and approaches. …

Labor Relations In Japan, The United States, And Great Britain: Culture And Conflict, Sioban M. Healy

Connecticut Journal of International Law

This article attempts to compare and contrast some key elements of Japanese labor relations with aspects of two Western systems, the United States and Great Britain. In particular, the article looks at some of the cultural differences between the three countries and examines how each country deals with conflict in labor-management relations. Japan has long been perceived to be "different" and unique among industrial nations, and her labor-management relations have been a subject of fascination for Western onlookers. As one writer put it:

Workers are prompt, efficient, rarely absent and highly productive. They work longer hours and take shorter vacations …

Book Reviews: Closed Borders: The Contemporary Assault On Freedom Of Movement, Arthur C. Helton

Connecticut Journal of International Law

CLOSED BORDERS: THE CONTEMPORARY ASSAULT ON FREEDOM OF MOVEMENT. By Alan Dowty.* New Haven and London: Yale University Press, 1987. With index, 270 pp. Cloth, $20.00.

Subpar F Income Under The Connecticut Corporation Business Tax, Carlos M. Santos

Connecticut Journal of International Law

The Connecticut State Department of Revenue Services issued a declaratory ruling1 in March of 1987 stating that Subpart F income does not qualify as a dividend within the language of the Connecticut Corporation Business Tax.' In issuing this declaratory ruling, the Department reversed its previously stated position that "Subpart F income . ..received from foreign corporations should be treated as dividends "'

This recent development briefly examines whether the federal treatment of Subpart F income as a constructively received dividend requires Connecticut to similarly treat such income for state taxation purposes. It begins with a discussion of the conditions prior …

Peremptory International Law And Sovereignty: Some Questions, Mary Ellen Turpel, Phillipe Sands

Connecticut Journal of International Law

Professor Janis' piece on "The Nature of Jus Cogens" is an interesting and thoughtful contribution to the doctrinal controversy over the codification and sources of jus cogens, law which is peremptory to the will of states (jus dispositivum). While the body of literature on jus cogens and international law has been relatively small since the reference to the doctrine in the Vienna Convention on the Law of Treaties,' there is some indication, following the recent decision of the International Court of Justice [ICJ] in the Nicaragua decision2 and with the publication of several recent articles,' that attention is once again …

Reflections On "Restructuring": The Soviet 1986 Unearthed Income And Individual Labor Income Degrees, Leonard Orland

Connecticut Journal of International Law

General Secretary Mikhail Gorbachev's major economic reforms-restructuring legislation designed to reduce the role of the central planner and to increase enterprise autonomy-have received considerable attention (and a fair amount of praise) in the West. Yet Western scholars have devoted relatively little attention to the equally important Gorbachev "reform" of the second economy, that grey and black market conduct at the fringe of Soviet legality. This essay examines, in the context of "restructuring," the two major second economy "reform" efforts-the Soviet 1986 unearned income and individual labor income decrees.

Book Reviews: Contract Law In The Ussr And The United States: History And General Concept, Peter B. Maggs

Connecticut Journal of International Law

CONTRACT LAW IN THE USSR AND THE UNITED STATES: HISTORY AND GENERAL CONCEPT. By E. Allan Farnsworth* & Viktor P. Mozolin.** Washington, D.C.: International Law Institute, 1987. With index, 350 pp. Cloth, $35.00.

Book Reviews: International And Legal Problems Of The Gulf, Noel J. Augustyn

Connecticut Journal of International Law

INTERNATIONAL AND LEGAL PROBLEMS OF THE GULF. By Sayed Hassan Amin.* Glasgow: Royston, 1981. With index and appendices, 235 pp. Cloth, £25.

The Nature Of Jus Cogens, Mark W. Janis

Connecticut Journal of International Law

Jus cogens, compelling law, is the modern concept of international law that posits norms so fundamental to the public order of the international community that they are potent enough to invalidate contrary rules which might otherwise be consensually established by states.

Recent Israeli Security Measures Under The Fourth Geneva Convention, Peter J. Morgan Iii

Connecticut Journal of International Law

With the recent wave of unrest in the Israeli occupied territories,' Israel has been faced once again with difficult choices in the methods it uses to restore order within these territories. Israel has responded with methods previously employed to restore order-deportations, preventive detentions, and curfews-and with a new policy of "Force, Power and Blows." With these methods have come vague references in the media to the applicability of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in the Time of War to the occupied territories.' Since there are disagreements both over the general applicability of the Fourth …

Exporting United States Law: Transnational Securities Fraud And Section 10(B) Of The Securities Exchange Act Of 1934, John W. Hamlin

Connecticut Journal of International Law

American investment and trading in foreign securities have both increased dramatically in the past twenty years.' Primarily attracted to the relatively higher returns expected on these investments, American investors also look to foreign securities for lower portfolio risk through diversification.' While Americans are trading more in foreign securities both abroad and on United States exchanges, foreigners are trading over $160 billion in American stocks each year on United States markets.3 The globalization of the world's securities markets has accelerated with the increase in linkages connecting stock exchanges of different nations, with the expansion of major financial institutions and securities firms …

Connecticut Developments, George C. Springer Jr.

Connecticut Journal of International Law

No abstract provided.

A Survey Of Justice Anthony Kennedy's Ninth Circuit International Law Opinions, Stephen M. Carruthers

Connecticut Journal of International Law

Justice Anthony M. Kennedy's recent appointment to the United States Supreme Court presents an appropriate time to review his opinions from the Ninth Circuit Court of Appeals dealing with international legal issues. Given the limited quantity of such opinions,1 the purpose of this recent development is also limited. Rather than attempting to glean any general international legal philosophy, the scope of this examination is confined to characterizing the new Justice's approach to the issues presented in the few cases he has authored.

This survey summarizes the facts of each case and sets forth Kennedy's handling of the international law issues …

Resolving Conflicts Under Section 304 Of The Bankruptcy Code: In Re Metzeler, Eric A. Henzy

Connecticut Journal of International Law

In In re Metzeler1 the bankruptcy court for the Southern District of New York held that in an ancillary case under section 304 of the Bankruptcy Code, the representative of a foreign bankruptcy estate may not maintain actions pursuant to the Code preference and fraudulent conveyance provisions, but rather is limited to those actions granted by foreign law. The court also found that preference and fraudulent transfer actions pursuant to foreign law seeking to recover property in the United States are sufficient grounds to bring a section 304 petition, and that when the section 109(a) debtor requirement is met, the …

The Reconstruction Of Jus Cogens Alone Is Not Enough, Mary Ellen Turpel, Phillipe Sands

Connecticut Journal of International Law

No abstract provided.

Jus Cogens: An Artful Not A Scientific Reality, Mark W. Janis

Connecticut Journal of International Law

No abstract provided.

Transfer Of Proceedings And Transfer Of Prisoners: New Instruments Of Cooperation In Criminal Matters Among The Socialist Countries Of Eastern Europe, Michael Plachta

Connecticut Journal of International Law

The increasing mobility of people across state frontiers is signum temporis. One of the least desirable consequences of this phenomenon is the increasing frequency of criminal offenses committed by foreigners.' Scholars in the Member States of the Council of Europe have extensively studied criminality among foreigners. Most of these studies treat this problem from the criminological point of view, concentrating primarily on explaining the sources and extent of this criminality.

For ages the criminality of foreigners has caused problems for criminal justice systems. Two questions have been, and continue to be, of particular importance:

(a) where should foreigners who have …

Socialist Law In The Americas: The Foreign Trade Point Of View, Henry Dahl

Connecticut Journal of International Law

Countries in the three Americas-North, Central and South have traditionally been either civil or common law jurisdictions. The Cuban revolution first, and more recently the Nicaraguan revolution, introduced changes in these countries that call into question their original classification as civil law nations. This article aims to determine whether Cuba and Nicaragua are still part of the Latin American legal family, or whether they now belong to the family of nations that follow principles of socialist law. The following analysis is limited to the area of foreign trade.

As an incidental goal, this paper also strives to explore some links …

The Indian Supply Drop Into Sri Lanka: Nonmilitary Humanitarian Aid And The Troubling Idea Of Intervention, Paul J. Costa, Peter Evans

Connecticut Journal of International Law

On 4 June 1987, five Indian military jets escorted a number of cargo planes carrying food and medical supplies into Sri Lankan airspace. Despite this clear violation of Sri Lankan territorial integrity, the New Delhi government maintained that its actions were "humanitarian assistance" to the beleaguered Tamil civilians under attack by Sri Lankan troops in that country's northern Jaffna peninsula.

Once generally accepted as legal means to protect foreign citizens' from substantial abuses of human rights, humanitarian intervention has fallen into disfavor in the twentieth century.' Perhaps the main deterrent to use of this doctrine is article 2(4) of the …

The Margin Of Appreciation Doctrine In The Dynamics Of European Human Rights Jurisprudence, Howard Charles Yourow

Connecticut Journal of International Law

Adherence to the European Human Rights Convention' has created a hierarchical system for the protection of basic human rights in Western Europe. Under its terms the European Commission and Court of Human Rights in Strasbourg, France, exercise authoritative supervision over the human rights-related activities of the legislative, executive, administrative and judicial authorities of the Convention's States Parties, the twenty-one Member States of the Council of Europe.

This article offers an analysis of the national margin of appreciation doctrine as a tool in the evolution of the scope of the supervisory power assigned to the Convention's international organs, and examines the …

Liverpool Economic And Statistical Society Lecture On Competition Policy, Gordon Borrie

Connecticut Journal of International Law

I was interested to read the notes sent to me by your Secretary on the history of the Society, a rather checkered one it would seem from its foundation in 1838 until 1935 when, at a meeting addressed by Professor G. C. Allen, the Society finally firmly established itself. In the years before and after the Second World War, Professor Allen served as president of this Society, an admirable choice for a Society whose object was, and still is, to bring serious students of economic and statistical problems in the City and the University into closer touch.

As it happens …

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 …