International Law Commons^™

International Joint Ventures And The U.S. Antitrust Laws, James R. Atwood

Akron Law Review

"This paper deals with only a limited class of international joint ventures and with only one body of law. It is therefore incomplete but more manageable in scope. I address only questions under United States antitrust laws, excluding those raised by foreign or international antitrust. Also, consistent with the Symposium's topic I limit myself to joint ventures involving foreign business activities by U.S. companies. This excludes joint ventures between solely foreign firms, and those between U.S. companies and foreign entities where the locus of the venture is to be the United States. These other forms of joint ventures present competitive …

Recent Developments In International Antitrust, Joel Davidow

Akron Law Review

"IN THIS ERA of relative peace, many nations, including our own, are focusing more attention on important international economic issues rather than on military or political questions. These current issues include how to control abuses by multinational corporations, how to deal with commodity cartels, how to achieve a satisfactory transfer of technology to less developed nations, and how to create additional export opportunities for nations with a shortage of foreign exchange. In a broad sense, all these subjects can be viewed as involving issues of international antitrust or competition policy."

Mass Crimes Adjudication In Indonesia: Learning From The Cambodian Example, Renée Harrison

Brigham Young University International Law & Management Review

No abstract provided.

Resolving International Water Disputes: Lessons From American And Canadian Federalism, Aaron Worthen

Brigham Young University International Law & Management Review

No abstract provided.

Does The Russian Adoption Ban Violate International Law?, Christina Champenois

Brigham Young University International Law & Management Review

No abstract provided.

The Shanghai Cooperation Organization's Bid To Transform International Law, David Ward

Brigham Young University International Law & Management Review

No abstract provided.

The Inter-Korean Conflict Over The Northern Limit Line: Applying The Theory Of Historical Consolidation, Hyun Jin Kim

Maurer Theses and Dissertations

Regardless of its uncertain legal status, it is the legal reality that the Northern Limit Line (“NLL”) has served as a de facto maritime demarcation line in the Yellow/West Sea in the absence of a peace treaty for the Korean Peninsula. Aside from its legal definition, however, the core of the NLL conflict is whether it has been historically consolidated as a valid legal system that may be enforceable against all States, and whether South Korea has historic title over the waters lying south of the NLL. In order to find an answer, it is important to determine whether there …

Brigham-Kanner Property Rights Conference Journal, Volume 4, William & Mary Law School

Brigham-Kanner Property Rights Journal

Defining the Reach of Property

October 30-31, 2014

Panel 1: The Role of the Advocate in Defining Property

Panel 3: Balancing Private Property and Community Rights

Panel 4: Property Rights in Developing and Transitional Countries

Panel 3 Q&A: Discussion on Balancing Private Property and Community Rights

Nuclear Powered Satellites: The U.S.S.R. Cosmos 954 And The Canadian Claim, Eilene Galloway

Akron Law Review

“On January 24, 1978 the Soviet satellite, Cosmos 954, fell from outer space and entered Canada's airspace. The component parts of this nuclear powered satellite disintegrated and scattered radioactive debris over northwest Canada in an area the size of Austria. Fear of a nuclear explosion and unknown hazards to the environment evoked worldwide alarm. This incident set in motion a variety of studies analyzing one of the most unique multidisciplinary problems created by the use and exploration of outer space. These continuing studies of nuclear power for satellites will lead to decisions of global significance. There is an opportunity to …

The Validity Of Vertical Restraints Under U.S. And E.E.C. Antitrust Laws, Cataldo L. Cammarata

Akron Law Review

The major issues in vertical restraints involve questions of agency, resale price maintenance and territorial and customer limitations. Both the United States and the European Economic Community utilize antitrust law to regulate vertical restraints and the undesirable effects flowing therefrom. This article will assess the posture taken by antitrust law vis-a-vis vertical restraints in the United States and the Common Market and will examine the extent to which a restraint in the distribution field will be considered valid by the two systems

Military Use Of The Space Shuttle, Walter D. Reed, Robert W. Norris

Akron Law Review

There is little doubt that the Space Shuttle will provide a "quantum jump" in man's activity in space. It will provide the means to make the transition from primarily machine-oriented space activities to man-orientated activities. Man's activities will move from exploratory to exploitative. The purpose of this article is to examine the military aspects of this transition in the context of the legal regime of outer space that has evolved in the more than two decades since the orbiting of Sputnik I. Is the prospect of increased military activities and capabilities compatible with this regime or conversely, does the legal …

International Law And Military Activities In Outer Space, Robert L. Bridge

Akron Law Review

The object of this review is to establish definitively the legal constraints which currently apply to military activities in space. Research has disclosed no single reference less than eight years old which examines all the issues to be discussed here. A great flurry of scholarly legal writing attended the launching of the Russian Sputnik in 1957, but comparatively little has been written since the late 1960's. Thus, much of the source material cited here is ten to fifteen years old.

Private Management And Operation Of The Space Shuttle: Some Legal Problems Related To Market Entry, George S. Robinson

Akron Law Review

Most of the private enterprise constituency interested in participating in the commercial exploitation of near and deep space will be subject to a multitude of new laws and entire legal regimes, ranging in scope from public and private international law to domestic legislation, implementing regulations and, even the old and new anti-trust laws. The majority of the interested business community has no idea that an amalgam of specific legal principles and regimes already exists of sufficient distinction to be called "space law."

The Development Of Credit Co-Operatives Within The State Of Victoria, Australia, Peter Gilchrist Lumb, Kevin John Thompson

Akron Law Review

This article is intended to be of an informative rather than academic nature. As the reader will appreciate the co-operative movement in Victoria is still in its infancy and in consequence there has been little case law development in Victoria or throughout Australia.

Lease, Charter And Interchange Of Aircraft: A Governmental Perspective, John T. Stewart Jr.

Akron Law Review

The problems concerning the responsibility of the State of registry with respect to its aircraft which are operated by an operator whose nationality is of another State are primarily jurisdictional in nature. In dealing with them international focus has been upon safety, criminal jurisdiction, property rights in aircraft, and to some extent the responsibilities for damages resulting from the operation of the aircraft which cloak both the State of registry and the State of the operator. What follows outlines briefly the various approaches used by the international legal community to resolve the problems associated with aircraft leases and will be …

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

Resolving The Energy War Through International Law And Solar Technology, Aldo Armando Cocca

Akron Law Review

A striking feature of the past decade has been a new form of war. This war, a controversy carried to extremes, apparently will not remain isolated. This conflict may be seen as a predecessor of future battles for survival, for instance a "non-renewable resources war." Such wars are not concerned with territorial boundaries; they have a much wider economic effect. They involve the entire civilized community.

The energy conflict presently has gone beyond the crisis stage. Not only is a forthcoming peace beyond the horizon, the war itself is becoming increasingly aggressive. The fact that the weapon is an exhaustible …

The Iranian Crisis: Who Should Do What?, Roger Fisher

Akron Law Review

When people talk about international law that way I think that we are like the crew of that B-17. We are in this together. If international law doesn't work, we are all in for a crash landing.

Gustavo GutiéRrez – Liberation Theology & Marxism, Todd Cameron Swathwood Jr

The Kabod

Since 1968, liberation theology has emerged as a prominent feature of religion and politics, particularly in South America. Originally stemming from the writings of Peruvian priest Gustavo Gutiérrez, this at-once theological and overtly political ideology decries the institutionalized violence of the world’s capitalist society on the poor and oppressed, and argues that God is particularly concerned with the plight of the suffering masses. Christians should therefore make assistance of these poor souls their highest priority, and advocate for any and all methods of alleviating suffering, especially those that work from the premise that society must be toppled and rebuilt for …

Humanitarian Laws Of Armed Conflict In Sweden: Ogling The Socialist Camp, Jacob W.F. Sundberg

Akron Law Review

The inhabitants of a country with the military-geographical location of Sweden should find it natural, one would think, to consider extensively the political and legal-philosophical message of the world which surrounds the country, most conspicuously to the east and to the south, and, by navies below the horizon, less conspicuously to the north and to the west. Everywhere is the Socialist Camp - a not unlikely adversary in some future conflict. In Sweden, however, there prevails a surprising reluctance to discuss the realities of the Camp. To say the least, such discussion is up-hill work. Looking for the reasons why, …

Nanotechnology And The Future Of The Law Of Weaponry, Hitoshi Nasu

International Law Studies

Novel applications of nanotechnology for military purposes are expected to have a transformative impact on the way in which wars can be fought in the future battlespace, with the potential to drive changes to the law of weaponry. This article considers the potential of military applications of nanotechnology to bring changes to the existing principles and rules of weapons law. It specifically focuses on the likelihood that more sophisticated, miniaturized and tailored weapons and weapon systems will be produced that enable mechanical precision of targeting with no or few civilian casualties.

Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis

International Law Studies

The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.

The African Charter On Human And Peoples' Rights: Some Preliminary Thoughts, Daniel C. Turack

Akron Law Review

Generally there is a plethora of literature on human rights. Recently published research guides' are most helpful in assisting the researcher and scholar who wants to be informed about this vital area of international law. However, with regard to research into human rights in Africa, there are some special problems to be encountered and a dearth of primary source materials in libraries.

In reference to Africa, this focus is on the sub-Saharan states of the continent excluding the Republic of South Africa and Namibia. Before looking at the Charter, it is important to look at how the African states have …

Using Microcomputers And P/G% To Predict Court Cases, Stuart S. Nagel

Akron Law Review

The purpose of this article is to analyze a microcomputer program that can process a set of (1) prior cases, (2) predictive criteria for distinguishing among the cases, and (3) the relations between each prior case and each criterion in order to arrive at an accurate decision rule. Such a rule will enable all the prior cases to be predicted without inconsistencies, and thereby maximize the likelihood of accurately predicting future cases. To illustrate the program, this article uses five substantive fields, including the predicting of cases dealing with religion in the public schools, legislative redistricting, housing discrimination, international law, …

Sweden And Humanitarian Law, Atle Grahl-Madsen

Akron Law Review

Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."

However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …

The Common Interest In The Exploration, Use And Exploitation Of Outer Space For Peaceful Purposes: The Soviet-American Dilemma, Carl Q. Christol

Akron Law Review

It may be supposed that the final disposition of the use of anti-satellite satellites (ASAT) will take the form of an international agreement which would prescribe required conduct and which would meet the national interests of the signatories. Some attention might be given to a possible alternative. One suggestion is for each of the superpowers to announce that it will pursue a given policy provided the same policy is adhered to by the other. Or, perhaps the promulgation of a national position, for example, a moratorium on ASAT launches, if rigorously adhered to by the other State, might lead to …

A Good Treaty, Thomas E. Mcmahon

Akron Law Review

Time and space do not permit me to comment on the many worthy provisions within Protocol 1, so I have chosen two articles in the Protocol which strike me as important in the light of my experience: 1) Article 26 - Medical Aircraft in Contact or Similar Zones, and 1I) Article 77 - Protection of Children.

Additional Protocol I: A Military View, Burrus M. Carnahan Usaf

Akron Law Review

This paper is intended to analyze Additional Protocol I from a military perspective. More specifically, it presents the views of a United States military officer (albeit an officer who is also a lawyer) on the Protocol.

To begin with, the Protocol, if ratified by the United States, would be taken seriously by our armed forces. It is United States policy to comply with the law of war in the conduct of military operations, and this body of law is regularly applied in American military courts. During the war in Southeast Asia, for example, 36 members of the U.S. Army were …

Pros And Cons Of The 1977 Protocol I, Howard S. Levie

Akron Law Review

There are many provisions of value to be found in the 1977 Protocol Additional to the 1949 Geneva Conventions (Protocol ). Unfortunately, there are also a number of provisions which would have been better left undrafted. This discussion will be limited to several provisions, or groups of provisions, which appear to be major advances in the humanitarian law of war - and several provisions, or groups of provisions, which appear to be retrogressive. Obviously, neither list will be all-inclusive; to make them so would require a listing and discussion of practically every substantive article in the Protocol. In fact, inasmuch …

Protocol I: Moving Humanitarian Law Backwards, Douglas J. Feith

Akron Law Review

Colonel Carnahan of the Office of the Joint Chiefs of Staff has reviewed some of the practical military problems with Protocol I. I would like to spend a little time on what might be called the philosophical - or broader political - problems. In particular, I would like to discuss the diplomatic conference that produced the protocol and how it demonstrated the links among law, politics, and terrorism.

When you get 126 countries together, as occurred at the diplomatic conference, there is a lot of politics. That is to say, Protocol I is not simply a legal matter than can …