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Articles 331 - 349 of 349

Full-Text Articles in Legal Remedies

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer May 2004

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer

San Diego International Law Journal

This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …

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The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam Jul 2002

The Application Of The Foreign Sovereign Immunities Act To An Action Against The French Railroad For Transporting Thousands Of Jews And Others To Their Deaths: Abrams V. Sncf, Malvina Halberstam

Articles

No abstract provided.

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Awarding Compound Interest In International Arbitration, Natasha Affolder Jan 2001

Awarding Compound Interest In International Arbitration, Natasha Affolder

All Faculty Publications

Few, if any, international arbitrators choose to tackle the equation P[n] = P[0.](1 i/m) in their arbitral awards. In fact, few international arbitral awards explicitly address the issue of whether an award of interest should attract compound, rather than simple, interest. While there is little consensus on approaches to awarding interest generally in international arbitration, the issue of compound interest is especially problematic. This is due to the fact that compound interest is often singled out for prohibition in domestic legal systems, yet it is the commercial norm in calculating interest in modern financial transactions. The practices of financial institutions …

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The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck Jan 2000

The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.

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Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci Jan 1996

Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci

Michigan Journal of International Law

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …

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Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann Jan 1995

Sovereign Immunity And Violations Of International Jus Cogens - Some Critical Remarks, Andreas Zimmermann

Michigan Journal of International Law

The scope of this article, like the one to which it responds, is limited. It does not purport to resolve any question relating to the municipal law of the United States, such as the interpretation of the Foreign Sovereign Immunities Act. Instead, it considers the problem from a purely international law perspective. Furthermore, it does not indulge in a complete description of attempts made by the Federal Republic of Germany to pay compensation - as far as feasible - for all the blatant human rights violations committed by Nazi Germany in the period 1933-1945.

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The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland Jan 1993

The Recognition Of Judgments In The European Community: The Twenty-Fifth Anniversary Of The Brussels Convention, Robert C. Reuland

Michigan Journal of International Law

This article is directed at two objectives. It will first provide, in Part I, an outline of the history of the Brussels Convention from its inception to the present day. It will examine the growth of the Convention from a vague undertaking of the six original Member States of the EC, through various treaties of accession and the 1988 Lugano Convention with the EFTA, and finally to the text currently in force. Part II will discuss the nature of the Convention and the philosophy behind it. The second purpose of this article is a more pragmatic one: to provide the …

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A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya Jan 1993

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

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The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse Jan 1989

The Warranty Of Quality In Sale Of Goods Under The Perspective Of The American And French Law, Renaud Baguenault De Puchesse

LLM Theses and Essays

While the United States’ common law system is characterized by diversity due to each state having its own set of rules, in certain areas there are nationwide legislative attempts of unification and standardization. One such attempt is the adoption of the Uniform Commercial Code which governs the sale of goods law in the United States. The French civil law system generally differs greatly from the American system in that it is primarily based upon statutes and codes. However, the American Uniform Commercial Code and the French Civil Code provide tangible, comparable bases to assess similarities and differences between American and …

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Joint Ventures And The Law Of International Claims, Richard B. Lillich Jan 1989

Joint Ventures And The Law Of International Claims, Richard B. Lillich

Michigan Journal of International Law

Joint ventures are one of the most remarkable post-World War II international business developments. Although the late Professor Friedmann noted in 1971 that they were becoming "the most important form of foreign investment in the developing countries of Africa, Asia and Latin America," "only within the last two decades has the joint capital venture received more than scant attention." Now, whether one is interested in establishing a "minority joint venture," in which the foreign investor holds less than fifty percent of the equity in the joint enterprise and the host country the majority interest, or a "multipartite joint venture," in …

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Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth Jan 1985

Book Review. International Encyclopedia Of Comparative Law, Vol. Xvi, Ch.4: Types Of Relief Available By Arwed Blomeyer, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

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The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar Jan 1982

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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Ecology, Growth And Law, John W. Ragsdale Jr Jan 1980

Ecology, Growth And Law, John W. Ragsdale Jr

Faculty Works

No abstract provided.

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The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein Apr 1974

The Chilean Copper Nationalization: The Foundation For A Standard Of "Appropriate" Compensation, Alan N. Heibein

Buffalo Law Review

No abstract provided.

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Recent Treaties And Statutes, Shelley I. Stiles, Iii Jan 1972

Recent Treaties And Statutes, Shelley I. Stiles, Iii

Vanderbilt Journal of Transnational Law

Since the 1946 Supreme Court decision in Seas Shipping Co. v. Sieracki, the seaman's traditional remedy based on absolute liability of the vessel for an unseaworthy condition also has been available to longshoremen. Limited to longshoremen working aboard the vessel, the Sieracki opinion emphasized that the work of loading and unloading vessels was a maritime service formerly and historically rendered by seamen, and reasoned that because the work now performed by longshoremen involved risks commensurate with those undertaken by seamen, longshoremen injured on board ship should be entitled to unlimited recovery under the seaworthiness doctrine. The seaworthiness doctrine was expanded …

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Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review May 1965

Sabbatino Doctrine Modified In Foreign Assistance Act Of 1964, Michigan Law Review

Michigan Law Review

Prior to Banco Nacional de Cuba v. Sabbatino, one of the United States Supreme Court's most controversial recent decisions touching on matters of international law, it had been held that American courts could not question titles to property acquired by virtue of a public taking decreed by a recognized foreign government and carried out within its territory. This concept of judicial abstention, embodied in the "act of state doctrine," was held applicable in Sabbatino even though it was alleged that the asserted claim to the property stemmed from a confiscation that violated customary international law. This decision led Congress …

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The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re Jun 1962

The Foreign Claims Settlement Commission: Its Functions And Jurisdiction, Edward D. Re

Michigan Law Review

Even the casual student of nationalizations and confiscations must be aware of the fact that whereas nationalizations were formerly isolated occurrences, they have today become matters of almost common practice. The Mexican expropriations, the Soviet nationalizations, and the Iranian nationalization of the Anglo-Iranian Oil Company are in modern times merely landmarks of an apparently ever-widening path. A reading of the daily newspapers has offered adequate warning to the American investor abroad that no part of the world has been immune from this phenomenon. Whether under the label of "agrarian reform" or "socialization," these nationalizations are of the greatest importance, and, …

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The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig Mar 1960

The Lex Fori - Basic Rule In The Conflict Of Laws, Albert A. Ehrenzweig

Michigan Law Review

The following summary of this thesis will show its essential connection with the progressing reform of the law of jurisdiction.

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International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed. Feb 1956

International Law - United Nations - Administrative Tribunals As Adjudicators Of Disputes Arising Out Of Employment Contracts With International Organizations, Edward W. Powers S.Ed.

Michigan Law Review

A crucial though relatively unpublicized problem arising from the creation of international organizations is that of establishing and maintaining the staff or secretariat needed to perform the administrative functions of these organizations. Such a staff must possess not only the competence and integrity of a national civil service, but also an international loyalty or outlook which includes " ... an awareness . . . of the needs, emotions, and prejudices of the peoples of differently-circumstanced countries ... [and] a capacity for weighing these frequently imponderable elements in a judicial manner· before reaching any decision to which they are relevant."

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