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Articles 241 - 270 of 295
Full-Text Articles in International Law
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Canada's Sovereignty Over The Northwest Passage, Donat Pharand
Michigan Journal of International Law
In 1968, when this writer published "Innocent Passage in the Arctic," Canada had yet to assert its sovereignty over the Northwest Passage. It has since done so by establishing, in 1985, straight baselines around the whole of its Arctic Archipelago. In August of that year, the U. S. Coast Guard vessel Polar Sea made a transit of the Northwest Passage on its voyage from Thule, Greenland, to the Chukchi Sea. Having been notified of the impending transit, Canada informed the United States that it considered all the waters of the Canadian Arctic Archipelago as historic internal waters and that a …
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Interpreting The Withdrawal Clause In Arms Control Treaties, Cindy A. Cohn
Michigan Journal of International Law
This Note argues that although a danger to future arms control may exist, a treaty clause must be susceptible to interpretation and boundaries of use which are in harmony with general international law principles. As Professor Schwelb has stated: "[I]t cannot have been… the intention of the parties to throw the principle of pacta sunt servanda overboard in favor of the anarchic idea of the unfettered right of a sovereign state to free itself unilaterally from a treaty obligation." Although Schwelb admits that the Clause itself is subject to "auto-interpretation" by the states parties to the treaty, he adds that …
Sovereignty, Territory And The International Lawyer's Dilemma, Donald W. Greig
Sovereignty, Territory And The International Lawyer's Dilemma, Donald W. Greig
Osgoode Hall Law Journal
A historical perspective of the rules of territorial acquisition and of Antarctic sovereignty provides a basis for an examination of the conflict between international law and state sovereignty. While there may not be any immediate redress against the unlawful action of powerful states, the evolution of international law provides a value system and rule-making capacity which does not grant legitimacy to such actions.
Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.
Jus Cogens: Root And Branch (An Inventory), George D. Haimbaugh Jr.
Touro Law Review
No abstract provided.
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel
Michigan Law Review
A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart
The Future Of The United Nations And The World Government., Ge Fan Liu
The Future Of The United Nations And The World Government., Ge Fan Liu
LLM Theses and Essays
The purpose of this thesis is to provide a proposal which I think is very correct to keep peace in the future of the world. We are all not sure what is going to happen in the future, but what we know at least is what is most likely going to happen and what work we can do that if we do it we can avoid disaster. Based upon this logic, I find World Government is the most likely candidate which can save human life and keep the peace as I have discussed in the whole paper.
The Dialectic Of Duplicity: Treaty Conflict And Political Contradiction, Guyora Binder
The Dialectic Of Duplicity: Treaty Conflict And Political Contradiction, Guyora Binder
Buffalo Law Review
When a state undertakes conflicting treaty obligations are both treaties binding, or is the second precluded by the first? International lawyers have traditionally held opposing views on this question. This article, the first on the topic, provides a comprehensive analysis and critique of the treaty conflict problem, and offers a political theoretic explanation for its persistent intractability. According to this explanation, opposing views of the power of states to incur international commitments reflect opposing views of the normative basis for state sovereignty and the scope of state autonomy. One view proceeds from an imperial model of sovereignty, articulated by Bodin …
Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam
Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam
Articles
No abstract provided.
Book Review: The New Nationalism And The Use Of Common Spaces: Issues In Marine Pollution And The Exploitation Of Antartica
Northwestern Journal of International Law & Business
As attention focuses upon the Antartic continent and other common international spaces as possible targets for development, decisionmakers mut be sensitive to the myriad, complex problems involved with such development. The development of Antartica, the subject of this study, must be attempted only after careful though and must progress incrementally. Two tensions, however, operate to distract us from studied development. They are resource scarcity and growing nationalism.
Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.
Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.
Michigan Journal of International Law
The doctrine of jurisdiction-the authority of nations or states to create or prescribe penal or regulatory norms and to enforce them through administrative and judicial action- has been a source of difficulty in both international and domestic law for centuries. The last two decades, however, have witnessed more conflicts over the invocation of forum penal laws to reach persons and activities outside national boundaries than had arisen for more than a century before. Moreover, treaties restricting some dimensions of penal jurisdiction based on other than the territorial concept have become increasingly common, and some nations have legislated to prevent their …
Restricting The Supply Of Japanese Automobiles: Sovereign Compulsion Or Sovereign Collusion, Mitsuo Matsushita, Lawrence Repeta
Restricting The Supply Of Japanese Automobiles: Sovereign Compulsion Or Sovereign Collusion, Mitsuo Matsushita, Lawrence Repeta
Case Western Reserve Journal of International Law
No abstract provided.
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
Scholarly Works
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 Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, F. V. Garcia Amador
The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, F. V. Garcia Amador
University of Miami Inter-American Law Review
No abstract provided.
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Of The Sea A Review Of States' Offshore Claims And Competences, Louis F.E. Goldie
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
Introduction To International Law, Richard R. Baxter
Introduction To International Law, Richard R. Baxter
International Law Studies
No abstract provided.
The Nature Of The Nation·State System, David D. Warren
The Nature Of The Nation·State System, David D. Warren
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
International Law Studies
No abstract provided.
Index Volume 61 Role Of International Law And An Evolving Ocean Law
Index Volume 61 Role Of International Law And An Evolving Ocean Law
International Law Studies
No abstract provided.
The Role Of International Law In The World Community, John H. Spencer
The Role Of International Law In The World Community, John H. Spencer
International Law Studies
No abstract provided.
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn
International Law Studies
No abstract provided.
Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle
Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle
International Law Studies
No abstract provided.
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
Introduction To International Law As It Pertains To The Naval Officer, Wilfred A. Hearn
International Law Studies
No abstract provided.
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
An Inter-American Approach To The Law Of The Sea?, Charles L. Cochran
International Law Studies
No abstract provided.
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
Current International Law Problems Of The Navy, Joseph B. Mcdevitt
International Law Studies
No abstract provided.
Strategic Implications Of Continental Shelves, Jose A. Alvarez
Strategic Implications Of Continental Shelves, Jose A. Alvarez
International Law Studies
No abstract provided.
Jurisdiction, Myres S. Mcdougal
Intervention And Detente In American Foreign Policy, Robert S. Wood
Intervention And Detente In American Foreign Policy, Robert S. Wood
International Law Studies
No abstract provided.
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
The Possible Effects On Maritime Operations Of Any Future Convention Of The Law Of The Sea, Edward Ashmore
International Law Studies
No abstract provided.
A Legal Regime For The Resources Of The Seabed And Subsoil Of The Deep Sea: A Brewing Problem For International Lawmakers, Horace B. Robertson Jr.
A Legal Regime For The Resources Of The Seabed And Subsoil Of The Deep Sea: A Brewing Problem For International Lawmakers, Horace B. Robertson Jr.
International Law Studies
No abstract provided.