International Law Commons^™

A Note On Some Diverse Meanings Of "The Common Heritage Of Mankind.", L. F.E. Goldie

Syracuse Journal of International Law and Commerce

The author attempts to define the notion of The Common Heritage Of Mankind as pertains to the mining of the ocean floor.

United States International Competitiveness And Trade Policies For The 1980s, Dan Quayle

Northwestern Journal of International Law & Business

A new wave of protectionism is upon us and its undertow, if not the wave itself, constitutes a serious threat to the Western alliance. This "neo-protectionism" differs from familiar past practices relying heavily on higher tariffs; it is more often charactierized by the use of more subtle ploys such as dumping, subsidization, and the erection of difficult marketing requirements for foreign traders.

Income Tax Treaty Shopping: An Overview Of Prevention Techniques, Kenneth A. Grady

Northwestern Journal of International Law & Business

The Internal Revenue Service in recent years has been particularly concerned about third-country residents use of bilateral income tax treaties to avoid paying tax on United States source income. Although third-country residents have benefitted from United States bilateral income tax treaties for more than twenty years, the loss of tax revenue from such unintended use was not considered a major problem. The recent proliferation of tax treaties between the United States and tax havens which resulted in an increased loss of tax revenues, however, has caused the Internal Revenue Service (IRS) to change its evaluation of the treaty shopping problem. …

Agency Law In The Arabian Peninsula And North Africa, Paul Homsy

Northwestern Journal of International Law & Business

This article examines the agency laws of Algeria, Egypt, Iraq, Jordan, Kuwait, Saudi Arabia, and the United Arab Emirates. These countries were chosen because they are representative of the different legal approaches to the regulation of agents in the Middle East. For example, Algeria and Iraq, which have state controlled economies, severely restrict the use of agents. Egypt has significantly relaxed state controls on its economy during the last decade and, in general permits the use of agents while retaining few restritions on their use in the sale of certain commodities. Saudi Arabi's free enterprise economy is dominated by public …

Title V Of The 2nd Lome Convention Between Eec And Acp States: A Critical Assessment Of The Industrial Cooperation As It Relates To Africa, Ndiva Kofele-Kale

Northwestern Journal of International Law & Business

On October 31, 1979, representatives from fifty-eight African-Caribbean-Pacific (ACP) and nine European Economic Community (EEC) States signed the second Lome Convetion. This agreement will govern the technical, commercial, and financial relations between the two groups of countries from March 1, 1980 through February 28, 1985. Lome II is the fifth in a series of conventions concluded between the EEC countries and the developing nations of Africa, the Caribbean, and the Pacific. Like its predecessors, Lome II was designed to "establish a model for relations between developed and developing states," and lay the foundation for a "New International Economic Order." Toward …

United States Trade Policy Toward Foreign Commodity Markets: A Critique, John V. Rainbolt

Northwestern Journal of International Law & Business

New trading instruments and a concommitant increase in volume in United States future markets during the past decade has overshadowed somewhat a parallel market expansion involving foreign commodity exchanges serving an expanded United States and international customer base.

United States International Communications And Information Policy: A Crisis In The Making?, Dante B. Fascell, Virginia M. Schlundt

Northwestern Journal of International Law & Business

The arrival of the highly-touted "information age" may precipitate a crisis for the United States if attention is not directed toward the impact of rapidly-changing communications technology on the American economy and society. Most discussions about the implications of the information age have centered on specific problem areas - such as regulation of transborder data flows, allocation of radio frequencies and deregulation of telecommunication services. This Perspective, however, will attempt to provide a cohesive discussion by examining the components of United Stats international communications and information policy, demonstrating their interrelationships, and pinpointing some of the implications of a failure to …

Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde

Northwestern Journal of International Law & Business

The American Experience has prove wrong de Tocqueville's contention that lawyers and missionaries make poor diplomats. Our diplomatic history is rich in successful and prominent lawyer-diplomats, demonstrating that even such a perceptive and sensitive observer of the American scene as the French historian could be mistaken.

A Method For Analyzing The Effect Of Competition On Restricting Imports, Benjamin I. Cohen

Northwestern Journal of International Law & Business

The President is authorized, pursuant to Section 203 of the Trade Act of 1974, to restrict imports of a commodity when these imports are the principle cause of injury to United States firms producing the same article. In such an "escape clause" proceeding, the President is to take into account, inter alia, "the effect of import relief on consumers... and on competition in the domestic markets for such articles."

Exports, Banking And Antitrust: The Export Trading Company Act - A Modest Tool For Export Promotion, George E. Garvey

Northwestern Journal of International Law & Business

There is an almost universally held perceptoin that expanded export trade is essential to a robust United States economy. President Carter, for example, stated in a report to Congress that export expansion is critical to the health of our economy. Huge balance of payments deficits in recent years, the increasingly successfuly and visible penetration of United States markets by foreign producers, and substantial unemployment in basic industry have all fuedl this concern. These conditions have led naturally to a two-pronged response by the public and members of Congress: first, the call for greater protection against foreign competition; and second, a …

Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway

Antioch Law Journal

In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …

International Protection Of Human Rights And State Sovereignty, Jost Delbruck

Indiana Law Journal

No abstract provided.

What 'Counts' As Law?, Anthony D'Amato

Faculty Working Papers

A reader of jurisprudence might conclude that only philosophers raise the question whether international law may be said to exist or is really law. But in terms of frequency, the question is probably raised more often by governments and states that are not trying to be philosophical. The increasing attention being paid to the need for, and the procedures for, objective validation of rules of international law in a burgeoning literature of international law evidences the seriousness of the problem, the responsibility of scholars for careful scholarship in this area of legal theory, and ultimately the good possibility of generally …

Party-Designated Arbitrators And The Duty To Disclose In Tripartite Commercial Arbitration: Barcon Associates, Inc. V. Tri-County Asphalt Corp., Bruce H. Kaye

Cardozo Law Review

No abstract provided.

The Hague Conference And The Main Issues Of Private International Law For The Eighties, George A.L. Droz, Adair Dyer

Northwestern Journal of International Law & Business

The Hague Conference on Private International Law has attempted, since its revitalization in the 1950, to unify the rules of private international law. The efforts of the Conference have in the past centered around the fields of civil procedure, conflict of laws, the international sale of goods, products liability and international family law. Messrs. Droz and Dyer review the history of the achievements of the Conference in these fields and reflect on the problems and opportunities the Conference will encounter in the 1980"s.

Review Of International Product Liability, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Professor Nagel's Reflections On Cardozo, Anthony D'Amato

Cardozo Law Review

In the first issue of the Cardozo Law Review, Professor Ernest Nagel, in Reflections on "The Nature of the Judicial Process," criticized Justice Cardozo's professed abandonment of the distinction between custom and law. Professor Anthony DAmato, in Judicial Legislation, argued that Cardozo's opinions belied his assertion of the necessity for judicial legislation, and adhered generally to the theory that cases should be decided in accordance with law as it is found, rather than made, by judges.

In this commentary, Professor D'Amato argues that Professor Nagel's assertion of a distinction between law and custom is inconsistent with the development of the …

Introduction: Emerging International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This Introduction notes the emerging mandate for international environmental law and the concurrent problems of implementation. It focuses on two particular applications of this new mandate: the United States-Panama Joint Environment Commission for the Panama Canal, and the suggested role of the United Nations Environment Programme in developing a system of global environmental hazard alerts.

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Neutrality In Modern Armed Conflicts: A Survey Of The Developing Law, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Table Of Abbreviations, Articles, Books, And Documents, Howard S. Levie

International Law Studies

No abstract provided.

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Provincial International Status Revisited, Thomas A. Levy

Dalhousie Law Journal

The question as to whether the Canadian provinces possess international status caused much ink to flow in Canadian legal discourse from 1965 to 19681. Although the practical problems incident to an alleged provincial international personality remain with us in the mid 1970's, the lawyers have maintained a low profile from 1968 to 1971. In 1971 Anne-Marie Jacomy-Millette's doctoral dissertation was published as L'introduction et l'application des trait~s internationaux au Canada.2 In 1973 Ivan Bernier's magisterial doctoral thesis was published under the title International Legal Aspects of Federalism.3 Although no new ground was broken, Professor Bernier stated the existing comparative and …

Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon

Dalhousie Law Journal

In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …

Canadian Perspectives On International Law And Organization. Toward An Expanding Role In World Order, John Claydon

Dalhousie Law Journal

In their Introduction to this massive collocation of almost forty essays comprising nearly a thousand pages, the editors advance a series of claims and outline a number of themes which may serve as useful points of departure for considering the contribution of this volume to scholarship in the area of international law and organization. Perceiving the book as providing "for the first time a comprehensive Canadian conspectus on current issues and developments in international law", they state the goal of their endeavour to be "the sketching of a modem Canadian world view." Through emphasis placed by the contributors on issues …