International Law Commons^™

Volume 8 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

General Index 1982-1989

Penn State International Law Review (1982 - 2011)

No abstract provided.

Ad Hoc Chambers Of The International Court Of Justice, Andreas Zimmermann

Penn State International Law Review (1982 - 2011)

Prior to 1982, the provision in the Court's Statute for chambers of the International Court of Justice (ICJ) was practically a dead letter. Recently, however, the attitude of litigant States has significantly changed. So far three judgments have been rendered by ad hoc chambers and one other case is actually pending before this chamber. Due to the enlarged practice of the Court, the interest in the literature has recently increased to a considerable extent.

Nevertheless, some questions have not yet been dealt with, such as the relation between the chamber procedure and intervening States and the delimitation of the competencies …

The Canada-U.S. Free Trade Agreement: Its Aspects, Highlights, And Probable Impact On Future Bilateral Trade And Trading Agreements, Rebecca A. Sanford

Penn State International Law Review (1982 - 2011)

No abstract provided.

Preface

Penn State International Law Review (1982 - 2011)

No abstract provided.

The United States Is Moving Further From Fostering Multilateral Restraint Of Conventional Arms Sales, William George Wentz

Penn State International Law Review (1982 - 2011)

This Comment reviews in detail the trends in world arms sales and the roles of arms suppliers, specifically focusing on the United States. Successful past international efforts at restraint are examined and contrasted to present United States policy, and possible solutions proposed.

Volume 6 - Number 3: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Volume 7 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

More Than Mere Child's Play: International Parental Abduction Of Children, Elizabeth C. Mcdonald

Penn State International Law Review (1982 - 2011)

Divorce is a traumatic time. It is especially traumatic for children who are abducted by a parent. This comment examines the international abductions of children and the international conventions designed to address these problems. Further, the author sets forth steps and gives advice for parents and attorneys caught in an international abduction case.

International Sports: Have States Succeeded Athletes As The Players?, Barbara Ann O'Neill

Penn State International Law Review (1982 - 2011)

Could the 1972 Munich Olympic tragedy occur again during the 1988 Seoul Summer Games? This Comment examines the role of nationalism within the Olympic Games and the International Olympic system and discusses the movment away from individual Olympic achievement. The Comment concludes that participating nations must rededicate their current international athletic policy to the ideals of the original Olympic tradition.

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review (1982 - 2011)

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review (1982 - 2011)

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.

The Unsolved Problem In Taking Evidence Abroad: The Non-Rule Of Aerospatiale, William L. Wilks, Nancy E. Goldberg

Penn State International Law Review (1982 - 2011)

In the Aerospatiale decision, the United States Supreme Court attempts to define the powers of American courts to compel discovery from foreign litigants in those courts, in light of the Hague Evidence Convention. This article initially examines the various interpretations of the Convention used to solve the "apples/oranges" problem, encountered by litigants from different nations and incompatible jurisprudential systems, when they seek to obtain evidence located outside the U.S. or in the control of a foreign litigant. The Court's response to this problem is later addressed by an analysis of its decision, which seems to confuse the situation further, for …

Volume 6 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Dedication

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Political Influences Of Effective Treatymaking In America's Backyard: The Guatemala Peace Plan - A Case Study, R. Karl Hill

Penn State International Law Review (1982 - 2011)

When a peace treaty seeks to "democratize" a country, it must include provisions which ensure that the political structures of that country are, in fact, changed. After analyzing the Guatemala Peace Treaty and the Reagan-Wright Plan, this comment, using Nicaragua to illustrate its point, concludes that a treaty in Central America, to be effective, must comport with the interests of the United States.

National Cooperative Research Act Of 1984: Cartelism For High-Tech Ventures (And Others?), John A. Maher, Nancy J. Lamont

Penn State International Law Review (1982 - 2011)

The National Cooperative Research Act of 1984 (NCRA), emerged as Congress' response to concern that "antitrust laws" were obstructing successful American participation in joint research and development ventures. Among the most salient and curious features of the Act are its inclusive-exclusive language, its therapies, its "rule of reason" and its limited liability provisions. While NCRA is a domestic act, it has wide reaching international implications. Effective exploitation of NCRA's benefits, by foreign investors as well as American investors, depends upon an understanding of what activities fall within its scope and how its features operate.

Preface

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Mujahidin Middleman: Pakistan's Role In The Afghan Crisis And The International Rule Of Non-Intervention, Peter A. Pentz

Penn State International Law Review (1982 - 2011)

What are the consequences when two superpowers square off in opposing sides of a civil war in another country? This Comment tells the story of such a situation in Afghanistan, and concentrates on the role of another actor, Pakistan. Pakistan's role in the Afghan crisis is examined in light of the recent decision of the International Court of Justice in Nicaragua v. The United States, applying the rule of nonintervention. Possible justifications and exceptions are given, especially in light of a possible Soviet withdrawal.

The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden

Penn State International Law Review (1982 - 2011)

This Article is a response to Journal author David Corwin's contention that the use of nuclear weapons is illegal under international law. In turn, the author carefully examines relevant treaty provisions to support his thesis. Finally, the author contends that the principles of customary international law and state practice provide a foundation by which the use of nuclear weapons is circumscribed under international law.

German Occupational Safety And Health Regulation From An American Perspective, Kenneth S. Kilimnik

Penn State International Law Review (1982 - 2011)

This article presents an inquiry into German occupational safety and health standards as compared to their United States counterpart, the Occupational Safety and Health Act. After an examination of the regulatory framework, standard-setting procedures~ and enforcement procedures of both countries, the author offers realistic recommendations, based on the best of both countries' safety and health provisions.

Volume 5 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review (1982 - 2011)

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

Volume 6 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Legality Of Nuclear Arms Under International Law, David M. Corwin

Penn State International Law Review (1982 - 2011)

This Article will examine different uses of nuclear weapons and will assess the legality of these uses under positive and customary international law. It will conclude that any nuclear weapon would be encompassed by the prohibition against gas and other related weapons. In addition, it will conclude that in all but its most limited uses, weapons would cause unnecessary suffering, would fail to discriminate between combatants and noncombatants, and would violate the territoriality of neutrals. Even when defenses to violations of international law are available, this Article will demonstrate that the realities associated with the use of nuclear weapons necessitate …

General Index 1982-1987

Penn State International Law Review (1982 - 2011)

No abstract provided.

Index Of Authors

Penn State International Law Review (1982 - 2011)

No abstract provided.

The United States Customs Service's Regulation Of Grey Market Imports: Does It Preserve The Broad Protections Afforded By Section 526 Of The Tariff Act Of 1930?, Pierrette Alyssa Newman

Penn State International Law Review (1982 - 2011)

This Comment will evaluate whether the current import regulation of grey market goods is necessary in light of modern trademark theory. Section II gives an overview of the functions of a trademark, discusses registration procedures, and considers the effect of parallel imports in the international marketplace. Section III examines the relevant statutory provisions governing the importation of genuine goods, while Section IV analyzes the recent legislative attempt to codify Customs regulations and the impact this bill would have on the rights of the United States trademark owner as opposed to the consumer's interests. The Comment concludes by evaluating proposed solutions …

Self Doubts On Approaching Forty: The United Nations' Oldest And Only Collective Security Enforcement Army, The United Nations Command In Korea, Samuel Pollack

Penn State International Law Review (1982 - 2011)

This paper discusses an anomaly: the United Nations Command in Korea - an international armed force established in 1950 by U.N. member states. Originally, designed to restore international peace and security in Korea, it has recently been questioned by the world organization that gave it life. The author reviews the culmination of events that resulted in the UNC's creation and its continuing viability as an international peace keeping tool.

Lions Over The Throne - The Judicial Revolution In English Administrative Law By Bernard Schwartz, N. David Palmeter

Penn State International Law Review (1982 - 2011)

No abstract provided.