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Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

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 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 …

The Making Of International Agreements: Congress Confronts The Executive, Michigan Law Review

Michigan Law Review

A Review of The Making of International Agreements: Congress Confronts the Executive by Loch K. Johnson

The Hague Convention On Taking Evidence Abroad: Conflict Over Pretrial Discovery, Margaret T. Burns

Michigan Journal of International Law

This note asserts that the Hague Convention is not the exclusive vehicle available to U.S. litigants for taking evidence abroad. It argues that in certain circumstances, U.S. courts should allow litigants to use the more liberal methods of the Federal Rules when seeking evidence from party litigants in other signatory nations.

Appendix 1: Treaties Of Friendship, Commerce And Navigation And Their Treatment Of Service Industries, Emily A. Arikaki

Michigan Journal of International Law

The following excerpt is from a 1981 article reviewing the development and current status of friendship, commerce and navigation (FCN) treaties and their treatment of the service industries. The article itself is based on the author's survey of the FCN treaties in force between the United States and other nations as of 1981. In December 1985, the author updated the excerpt to reflect the effect on services of the recent, FCN-type program of bilateral investment treaties.-eds.

Rights And Obligations Of Successor States: An Alternative Theory, Alfred R. Cowger

Case Western Reserve Journal of International Law

No abstract provided.

Federalism, External Affairs And Treaties: Recent Developments In Australia, Gary A. Rumble

Case Western Reserve Journal of International Law

federalism--Australia

Prior Consultation In International Law: A Study Of State Practice, Michigan Law Review

Michigan Law Review

A Review of Prior Consultation in International Law: A Study of State Practice by Frederic L. Kirgis, Jr.

Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt

Michigan Journal of International Law

In the immediate past modem communication means such as efficient telephone and television systems have been viewed as the luxuries of well developed economies. Rapid advances in the field of communications and computer technologies have changed this basic outlook. Now, it is possible to use these technologies as tools of economic growth in both developed and developing countries. This is primarily because cost has gone down while efficiency has gone up. A recent article concerning small computers demonstrates the point. "If the aircraft industry had developed as spectacularly as the computer industry over the past twenty-five years, a Boeing 767 …

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.

The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff

Michigan Journal of International Law

This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.

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 …

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Michigan Journal of International Law

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …

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. …

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

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TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

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STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing

A Proposed Revision Of The Warsaw Convention, Susan Schneider Lewin

Indiana Law Journal

No abstract provided.

Managing The Risks Of International Agreement, Michigan Law Review

Michigan Law Review

A Review of Managing the Risks of International Agreement by Richard B. Bilder

The Hamburg Rules: A Comparative Analysis, Daniel E. Murray

University of Miami Inter-American Law Review

No abstract provided.

Strategic Implications Of Continental Shelves, Jose A. Alvarez

International Law Studies

No abstract provided.

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

Index Volume 61 Role Of International Law And An Evolving Ocean Law

International Law Studies

No abstract provided.

Respective Roles Of Senate And President In The Making And Abrogation Of Treaties—The Original Intent Of The Framers Of The Constitution Historically Examined, Arthur Bestor

Washington Law Review

The first part of the present article examines the specific question of the placement in the constitutional system of the power to terminate a treaty originally ratified by and with the advice and consent of the Senate, two-thirds of the members present concurring. The power of terminating a treaty is, of course, only a particular segment or subdivision of the far more inclusive power of determining the foreign policy of the Nation. Accordingly, after considering the evidence bearing directly upon the narrow question of treaty abrogation, the present article turns to the larger question of the relationship the framers intended …

Compensation And Reward For Saving Life At Sea, Steven F. Friedell

Michigan Law Review

This Article explores the life salvage rules under the general maritime law and under the 1912 life salvage statute. Surprisingly, some life salvors had greater rights under the general maritime law than they have under cases construing the statute. This Article suggests that courts have given insufficient attention to the purposes of the Brussels Salvage Convention of 1910, which inspired the 1912 statute, and that American courts should .remain free to recognize all rights that life salvors possessed before the Brussels Convention.

This Article then considers whether American courts should further expand the rights of life salvors by awarding life …

Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain

Faculty Articles and Other Publications

The Transmittal Act has revealed a thorny issue for United States constitutional law. Specifically, the Act seeks to obviate those instances in which the Executive Branch attempts to abrogate fully the Legislature's role in foreign policy. The Constitution requires that all treaties be ratified by the Senate. Nevertheless, the Executive, simply by calling an international agreement a different name, may effectively bypass Congress. The Transmittal Act was not intended to resolve fundamental questions relating to the treaty making power of the Senate or Executive authority to enter into binding agreements with foreign countries without the consent of Congress. It was …

Unilateral Termination Of The 1954 Mutual Defense Treaty Between The United States And The Republic Of China Pursuant To The President's Foreign Relations Power, Ronald P. Cima

Vanderbilt Journal of Transnational Law

The act of terminating a treaty may initiate an international embroglio or create international arrangements as effectively as the act of entering into a treaty. Although the ramifications of each act may be significant, recent United States commentary has expressed greater concern over the constitutional efficacy of the methods by which the United States has entered international agreements than over the methods by which the United States has removed itself from them. President Carter's unilateral termination of the 1954 Mutual Defense Treaty between the United States and the Republic of China has raised the issue of which branch ought to …

Recent Development--Panama Canal Treaties, David M. Himmelreich

Vanderbilt Journal of Transnational Law

Given its strategic interest in the Canal, it might well be asked why the United States would sign a Treaty which does not give an unambiguous right of intervention. Under the Treaty, the United States has at best only a weak legal justification for intervention, which will be useful in domestic politics should the popular opposition to "giving the Canal away" become critical, but which will be much less convincing elsewhere. World opinion is suspicious of the reliance of any great power on intervention, regardless of the legal rationale. The justification will be least persuasive in Latin America where there …

Jus Non Scriptum And The Reliance Principle, Stanley L. Paulson

Michigan Law Review

On the Continent, a general theory of customary law has been developed-what I term the Continental theory; it identifies formation and validity as the central issues in the analysis of custom and customary law. Yet the Continental theory, notwithstanding its longevity and continuing favorable reception among international lawyers, is ridden with problems. In particular, as I argue in the following section, the theory fails for want of a coherent position on the formation issue. In the course of my argument, I suggest a classification of the norms of customary law in terms of a generic category broader in scope than …

State Responsibility And The Law Of International Watercourses, T. O'C. Holstein

University of Miami Inter-American Law Review

No abstract provided.

Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond

Washington and Lee Law Review

No abstract provided.