International Law Commons^™

Security Council Resolutions In United States Courts, Janis P. Bianchi

Indiana Law Journal

No abstract provided.

Toward International Freedom Of Religion: A Proposal For Change In Fcn Treaty Practice, Bruce F. Howell

University of Michigan Journal of Law Reform

Since the founding of this nation, Americans have relied on fundamental constitutional principles for the ultimate protection of their religious liberty. These guarantees have been extended to all persons in the United States, not just citizens. American nationals traveling or living abroad may discover, however, that religious freedom is not regarded as a fundamental right elsewhere. Although most nations do, at least in principle, adhere to the basic idea of freedom of religious belief and exercise, religious freedom may be denied either to a state's own citizens or to foreign nationals within its boundaries.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Boskey & Willrich: Nuclear Proliferation: Prospects; And Willrich: Civil Nuclear Power And International Security, Charles N. Van Doren

Michigan Law Review

A Review of Nuclear Proliferation: Prospects for Control edited by Bennett Boskey and Mason Willrich, and Civil Nuclear Power and International Security edited by Mason Willrich

Stein: Impact Of New Weapons Technology On International Law: Selected Aspects, Egon Schwelb

Michigan Law Review

A Review of Impact of New Weapons Technology on International Law: Selected Aspects by Eric Stein

Controlling Great Lakes Pollution: A Study In United States-Canadian Environmental Cooperation, Richard B. Bilder

Michigan Law Review

In this context, a study of the proposed Agreement and, more particularly, of the long history of developing United States-Canadian cooperation that preceded it may be of use. First, this United States-Canadian experience offers guidance for the solution of some of the specific problems that programs for international environmental cooperation may face: questions of framework and approach; institutional organization, function, and authority; determination of objectives; apportionment of burdens; coordination; and implementation. Second, at a time when international discussion has focused principally on global approaches to the solution of environmental problems, it calls attention to the important, if less dramatic, contribution …

Consular Officer's Amenability As Witness, Stephen J. Werber

Law Faculty Articles and Essays

The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.

Fawcett: International Law And The Uses Of Outer Space, Stanley D. Metzger

Michigan Law Review

A Review of International Law and the Uses of Outer Space by J.E.S. Fawcett

Treaties And The Constitution, Isao Sato

Washington Law Review

Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.

The Treaty On Rescue And Return Of Astronauts And Space Objects, Paul G. Dembling, Daniel M. Arons

William & Mary Law Review

No abstract provided.

International Illegality As A Basis For Refusal To Participate In Hostilities - A Tentative Proposal And A Preliminary Analysis Of American Law, David M. Cohen

William & Mary Law Review

No abstract provided.

Safeguarding Atoms-For-Peace: U. K. Bilateral Agreements With Other Nations, Stephen Gorove

West Virginia Law Review

The dawn of the atomic age in the mid-twentieth century has brought with it many challenges and unique responsibilities. One of the most difficult among them has been the prevention of a nuclear holocaust in a world arena dotted with suspicion, jealousy and even outright hostility. Faced with excessive delays if not insuperable obstacles in finding a generally acceptable formula for atomic arms control and recognizing the close interrelationship between the civil and military applications of nuclear energy, the leading nuclear powers of the West wished to insure at least that their atomic assistance intended for the peaceful pursuits of …

Treaties As A Source Of General Rules Of International Law, Anthony D'Amato

Faculty Working Papers

Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis

Chapter Vii: Conclusions, Carl Q. Christol

International Law Studies

No abstract provided.

Book Reviews, Alexander M. Bicker, Arthur E. Sutherland, Arthur S. Miller, Reginald Parker, Robert Kramer, William L. M. Reese, Ilmar Tammelo, Albert H. Garretson, Charles H. Oldfather Jr., Daniel R. Mandelker, Ronan E. Degnan

Journal of Legal Education

No abstract provided.

Matters Of Domestic Concern: A Potential Judicial Limitation On The Treaty-Making Power?

Indiana Law Journal

No abstract provided.

Public Tort Liability Under The Treaty Constituting The European Coal And Steel Community Compared With The Federal Tort Claims Act, Klaus Kautzor-Schroeder

Villanova Law Review (1956 - )

No abstract provided.

The Treaty-Making Power Is Not A Peril, Moses H. Moses

Cleveland State Law Review

In the United States the treaty-making power is vested in our President and the Senate. Many persons fear this power; they feel that it is so great that it could be used as an instrument to destroy our American democracy. They fear that by treaty the Constitution of the United States may be repealed and replaced by political concepts that are multifarious to our basic freedoms. Because of the structure of our government I feel that these fears are not well substantiated.

Treaties And Executive Agreements: Historical Development And Constitutional Interpretation, Wencelas J. Wagner

Articles by Maurer Faculty

The recent proposal to amend the Constitution known as the Bricker Amendment concerns a most vital matter for the nation: its relations with foreign states.

In order to estimate the merits and demerits of the Bricker Amendment it is necessary to get acquainted with the historical development and the constitutional interpretation in the field of international arrangements of the United States. The present observations aim at the presentation of this matter down to the Bricker Amendment. The Amendment itself and the discussion it aroused should be treated in a separate article.

International Law-Self-Executing Treaties-The Genocide Convention, William C. Gordon S.Ed.

Michigan Law Review

The crime of genocide is committed when a person is harmed because of his nationality, race or religion. Because of the number of offenses committed with genocidal motives during and before the last war, and the shortcomings of the customary international law rules on the subject, the General Assembly of the United Nations unanimously adopted a Convention on Genocide, which has been submitted for ratification by the members, including the United States.

What Of The World Court Now?, C. Sumner Lobingier

Michigan Law Review

The Permanent Court of International Justice was expressly provided for in the League of Nations Covenant (Article XIV) of 1919 and the "Statute" creating it was drafted by an advisory committee of the League, meeting at the Hague, and opened for signature in the following year. By 1921 the ratifications of twenty-eight states put it into effect and the Court was formally opened, with a full quorum of judges, on February 15 (Bentham's birthday) 1922. For nearly twenty years it continued to function and its sessions were suspended only by the presence of the Nazi invaders of the Netherlands.

The Constitution And The International Labor Conventions, Harold W. Stoke

Michigan Law Review

The International Labor Organization, since its establishment in 1919, has become one of the most active of the international institutions of the post-war period. It was founded upon that provision of the Treaty of Versailles which binds each signatory nation and those which should later join the organization to endeavor to secure and maintain fair and humane conditions of labor for men, women and children, both in their own countries and in the countries to which their commercial and industrial relations extend.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

New Avenues To Freedom, Edwin D. Dickinson

Michigan Law Review

Lay opinion regards the law of nations as a weak and ineffective system. It is the fashion to deplore the inefficacy: of its precepts and to regard it as a sort of benevolent code unsupported by any forces which can really compel observance. There is a good deal of loose talk about providing sanctions. The truth is, however, that few systems of law are so infested with tyrannies. It is not sanctions which are needed so much as opportunities for growth. It is not the buttressing of existing dogmas which is required so much as new avenues to freedom.

Recent Important Decisions

Michigan Law Review

A collection of recent important court decisions.

The Court Of Claims, J. H. Toelle

Michigan Law Review

The Court of Claims was established by Act of Congress in 1855. The original Act provided that at the commencement of each session of Congress, and at the commencement of each month during the session, the Court should report the cases upon which they should have finally acted, stating in each the material facts which they found established by the evidence, with their opinion in the case, and the. reasons upon which such opinion was founded, and the opinion of any judge who should dissent from the majority. It also directed the Court to prepare a bill or bills in …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

The Permanent International Court Of Justice

Michigan Law Review

The writer has already commented, in an earlier number of this Review, upon the plan for a Permanent Court of International Justice which was formulated by a committee of jurists at The Hague in the summer of 1920 and amended and approved by the Council and Assembly of the League of Nations in December of the same year. 19 MICH. L. REV. 413. The plan became operative upon ratification by a majority of the members of the League in September, 1921, and judges were elected immediately thereafter. The Court's first session opened at The Hague in January, 1922. The present …