International Law Commons^™

Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley

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Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.

Relations Of Employers With Workers' Representatives In The United States, J. Ralph Beaird

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There is no question but that current policy in the United States comes down heavily on the side of management flexibility in the area of economic decisionmaking. The question is: should that be changed?

An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley

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The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

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The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

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No abstract provided.

A Conceptual Framework For Extradition And Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

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International law is the language by which nations assert and attempt to resolve competing legal interests. As with any other language, if the definitions of essential concepts become muddled, it is difficult to communicate. The traditional bases of jurisdiction over extraterritorial crime are essential concepts in the language of international law. The decision to grant or deny extradition, for example, often depends on whether the interested nation recognizes the basis of jurisdiction asserted by another. Confusion over the traditional bases of jurisdiction therefore risks disagreement over and denial of extradition.

United States courts have recently expanded the traditional bases of …

Introduction To Panel I, Gabriel M. Wilner

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The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

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The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

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I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."

Ironies Of Intervention, Milner S. Ball

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I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …

A Message Of Hope, Dean Rusk

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So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.

Duties And Powers Respecting Foreign Crimes, Daniel H. Derby

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No abstract provided.

United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley

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The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …

The Transfer Of Technology To Latin America, Gabriel M. Wilner

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The transfer of technology to Latin America has taken place through both the licensing process and direct investments by foreign enterprises that are often transnational corporations. National law has concerned itself first with the creation of rights in technological knowledge and the protection of these rights by law. The regulation of these rights as set out in contractual relationships and the regulation of direct investment, particularly the technological component thereof, were dealt with thereafter. Other matters such as the repatriation of profits (exchange control), customs controls, and various taxes have also become a part of the national regulatory scene today. …

The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher

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No abstract provided.

Final Report On The Establishment Of An International Criminal Court For The Implementation Of The Apartheid Convention And Other Relevant International Instruments, Daniel H. Derby, M. Cherif Bassiouni

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No abstract provided.

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

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In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

Extradition Between France And The United States: An Exercise In Comparative And International Law, Christopher L. Blakesley

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In 1878 Cardaillac defined extradition as “the right for a State on the territory of which an accused or convicted person has take refuge, to deliver him up to another State wich has requisitioned his return and is competent to judge and punish him.” The term “extradition” was imported to the United States from France, where the decret-loi of Febraury 19, 1791, appears to be the first official document to have used the term. The term is not found in treaties or conventions until 1828. The Latin equivalent to extradition, “tradere”, is not found in early Latin works, but the …

Conditional Liberation (Parole) In France, Christopher L. Blakesley

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Anglo-American parole owes its theoretical development and its early systematization, indeed its very existence, to France. It has been said that France has the genius of invention, but that too often the great ideas born in France are neglected there to find their baptism of success in other countries. This remark characterizes the history of the parole concept in France. Yet, the latest innovations being developed in France portend new possibilities for success in the rehabilitation of convicts. This section will trace briefly the history of conditional liberation the French counterpart of Anglo-American parole, and describe the development of the …

The Revised Hague Rules On Bills Of Lading, Gabriel M. Wilner

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In what amounts to a proposed new Convention to replace the "Hague Rules," the United Nations Commission on International Law (UNCITRAL) has included an Article (22) authorizing parties to a contract for the carriage of goods to provide for arbitration of disputes arising therefrom. States which become parties to the Convention would be required to give effect to such a contract. The proposed Convention gives the plaintiff much the same options with respect to either the judicial or the arbitral forum. These options as to locale tend to favor the defending party -- usually the carrier. On the other hand, …

Is Georgia On Their Minds?--Some Legal Aspects Of Investment And Trade By Foreign Business Enterprises, Gabriel M. Wilner, Terry K. Smith

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This article will focus on the legal environment within the State in regard to foreign investment and trade. In making this survey it is also necessary to note briefly the full context in which foreign investment and trade is accomplished. The State cannot act or fail to act in areas dictated by the economic, political, and social philosophies held by its citizens. Likewise, the State cannot act in areas in which the Federal Government has acted pursuant to the United State Constitution. Among the areas in which the State is prohibited or preempted from acting are foreign affairs, especially in …

The 25th U.N. General Assembly And The Use Of Force, Dean Rusk

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The law of the United Nations Charter is not now quite the same as it was before the Declaration on Friendly Relations was adopted. Although not a formal enactment, it gives more flesh and bone to key articles, such as article 2(4).

Determining The Law Governing Performance In International Commercial Arbitration: A Comparative Study, Gabriel M. Wilner

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Persons entering into commercial agreements of a transnational nature have often shown a preference for the arbitration tribunal rather than the court of law as the instrument for settling disputes which may arise between them.

The parties, who may be either individuals or legal persons, such as corporations, manifest their desire to employ arbitration by providing for its use in the arbitration clause of the contract. It is generally agreed that such a clause, whether or not it is considered as part of the main contract, is consensual in nature. But the significance of the agreement to arbitrate is determined …