Military, War, and Peace Commons^™

International Law - The United Nations Emergency Force - Legal Status, Dudley H. Chapman S.Ed.

Michigan Law Review

The purpose of this comment is to consider the legal status of UNEF and of a potential permanent force of the same type. Some of the incidental legal problems confronting the United Nations will also be considered.

Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.

Michigan Law Review

A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye

The Charter Of The United Nations: An Instrument To Re-Establish International Peace And Security?, H. Karsten Schmidt

Indiana Law Journal

No abstract provided.

Atoms For Peace: The New International Atomic Energy Agency, Bernhard G. Bechhoefer, Eric Stein

Michigan Law Review

On October 26, 1956 seventy states signed an international agreement described as the Statute of an International Atomic Energy Agency. This signing followed a conference of over a month in which eighty-two states participated. All of the participating states supported the text which resulted from this conference-a truly remarkable result considering that the subject of the conference was atomic energy with its far-reaching international security implications.

International Law - The Abrogation Of Treaties By War, David R. Macdonald S.Ed.

Michigan Law Review

In 1923, the United States and Germany entered into a treaty, one provision of which exempted from taxation the government property of either nation situated in the territory of the other. From the outbreak of World War II in 1941 through 1948 the City and County of San Francisco levied real property taxes on the German Consulate, assuming that this treaty had been abrogated by the outbreak of hostilities between the two nations. The taxes were paid under protest, and the Attorney General, as successor to the Alien Property Custodian, sued and recovered them in the trial court. On appeal, …

Litigation Involving "Termination Of War", W. Lewis Roberts

Kentucky Law Journal

No abstract provided.

Revision Of The Italian Peace Treaty, Norman Kogan

Indiana Law Journal

No abstract provided.

International Law-Effect Of War On Bilateral Treaties-Comparative Study, J. G. Castel

Michigan Law Review

The effect of war upon existing bilateral treaties of belligerents is one of the unsettled problems of international law. The problem is to determine whether a bilateral treaty (between nations at peace) which does not provide for the eventuality of war, will be suspended or annulled by a subsequent war between them. The idea that war is a complete destruction of the international intercourse which was represented by the treaty logically would lead to the conclusion that the treaty ends ipso facto when war comes. But this is too hasty a conclusion; international practice proves that some treaties are only …

International Law-Treaty Provisions Dealing With The Status Of Pre-War Bilateral Treaties, Stanley T. Lesser S.Ed.

Michigan Law Review

"The effect of war upon the existing treaties of belligerents is one of the unsettled problems of the law." At one time, writers on international law felt that war, ipso facto, abrogated all bilateral treaties between the combatants, with the exception of those treaties especially designed to regulate the conduct of hostilities. The modern trend is to a more flexible approach; the courts attempt to discern the intention of the parties at the time they concluded the treaty or deal with the problem pragmatically, preserving or annulling the treaties as the necessities of war exact. Disagreement persists, however, and it …

An International Bill Of Rights For Prisoners Of War, John Mcginness

Cleveland State Law Review

On August 12, 1949 plenipotentiaries of sixty-one nations of the world, including the United States and the Soviets, concluded a Convention at Geneva which revised the Geneva Convention of July 27, 1929 relative to the treatment of prisoners of war. Many of these revisions are based upon the experiences of World War II. Although neither the United States nor the Soviets have ratified this Convention, the United States Forces in Korea have been, and are, under instructions to observe their provisions at all times. This Convention appears to be a positive step forward in the clarification of international law as …

International Law-Trusteeship Compared With Mandate, Donald S. Leeper S. Ed.

Michigan Law Review

The mandate system represented an attempt to cope with the problem of nonself-governing territories as an international responsibility and, for the most part, was an advancement over former methods of treatment. The system was not perfect and its operation pointed up a number of its defects. The framers of the United Nations Charter formulated the trusteeship system to take the place of the mandate system, correcting its defects and adding certain innovations. The purpose of this comment is to present a brief comparison of the two systems and to consider a few of the major problems presented.

International Law-Aliens-Confiscation Of Alien Enemy Property-Alien Enemy Character Of Shinto Shrine In Hawaii, Jean Engstrom S. Ed.

Michigan Law Review

Plaintiff, a Hawaiian corporation, brought suit under section 9 of the Trading with the Enemy Act for the return of real and personal property vested in 1948 under authority of section S(b). Evidence was introduced to show that plaintiff's members were largely alien Japanese; that, prior to December 7, 1941, plaintiff operated what purported to be a Shinto shrine in Honolulu where three Japanese gods were worshiped; that the shrine looked like a Shinto shrine and was in some respects operated like one. It was further shown that plaintiff's members had no real understanding of the tenets of Shintoism as …

International Law-Status Of Germany-Nationality Laws-Voting In German Election As Forfeiture Of United States Citizenship, Jean Engstrom S. Ed.

Michigan Law Review

Petitioner, an American citizen living in Germany, voted in the January 27, 1946 election of local officials in Rodach, Germany, American Zone of Occupation, held under the direction and with the approval of the Office of Military Government for Bavaria. Petitioner was issued a certificate of loss of nationality, based on section 801(e) of the Nationality Act of 1940, which provides that American nationality is lost through "voting in a political election in a foreign state." Held, petitioner had not lost her citizenship. The Rodach election was held in "territory then ruled and governed by the United States and …

War Crimes--A Refutation Of Objection, Otto E. Reik

Kentucky Law Journal

No abstract provided.

International Law-Military Tribunals For The Trial Of War Criminals As International Courts, David S. Dewitt S.Ed.

Michigan Law Review

Petitioner, a German citizen confined in the American Zone of Occupied Germany in the custody of the United States Anny, petitioned the United States District Court, District of Columbia for a writ of habeas corpus. The respondents were the Secretary of Defense and others alleged to have directory control over the jailers in Germany. The petitioner had been convicted of war crimes by Military Tribunal IV at Nuremburg, Germany. This tribunal was established by order of General Clay, United States Military Governor and Zone Commander, pursuant to Control Council Law No. 10 which carried out the London Agreement and the …

International Law-Seizure Of Foreign Vessels On The High Seas, David D. Ring S.Ed.

Michigan Law Review

After World War I, the Allied Powers under Article XXII of the Covenant of the League of Nations designated Great Britain mandatary of Palestine, providing inter alia that, as far as possible without prejudice to the rights of the then residents of Palestine, steps were to be taken to facilitate Jewish immigration. A High Commissioner for Palestine was appointed, who, by the authority vested in him under the mandate, promulgated a general ordinance regulating immigration. It was provided therein that any British government ship might board any vessel to detain and examine persons reasonably believed to be seeking to enter …

Lunau: The Germans On Trial, Michigan Law Review

Michigan Law Review

A Review of THE GERMANS ON TRIAL. By Heinz Lunau.

It's Not Law--The War Guilt Trials, Orville C. Snyder

Kentucky Law Journal

No abstract provided.

Calvocoressi: Nuremberg: The Facts, The Law, And The Consequences, Michigan Law Review

Michigan Law Review

A Review of NUREMBERG: THE FACTS, THE LAW, AND THE CONSEQUENCES. By Peter Calvocoressi.

Nussbaum: A Concise History Of The Law Of Nations, J. R. Swenson S.Ed.

Michigan Law Review

A Review of A CONCISE HISTORY OF THE LAW OF NATIONS. By Arthur Nussbaum.

Law And Administration In Military Occupation: A Review Of Two Recent Books, Wolfgang H. Kraus

Michigan Law Review

Unlike the First World War, the Second World War has already produced at this stage of its progress significant publications concerning the problems of military government which may well assist interested students and practitioners in cutting a path through this thorny field. Occupying the area of enemy countries is a task of which by all odds the most difficult part, that of the occupation of both Germany and Japan, still lies ahead. Two recently published studies, both of them by jurists with a European legal background who are at present engaged in the service of a war agency of the …

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Articles by Maurer Faculty

No abstract provided.

How To Obtain Security And A Just And Lasting Peace Through A United Nations Of The World, Hugh Evander Willis

Kentucky Law Journal

No abstract provided.

Neutral Convoys In Law And Practice, Benjamin Akzin

Michigan Law Review

The following study, based on law and past practice, aims at clarifying the status of neutral convoys in relation to the problem of convoying American supplies to Great Britain in the present war as it stood under the Neutrality Act of 1939. The question at issue touches both upon international law and American constitutional law. Both these aspects are investigated in the following pages.

Niemeyer On Law Without Force, Josef L. Kunz

Michigan Law Review

Whereas Lauterpacht tried to determine the function of law in the international community, Niemeyer investigates the function of politics in international law. His book is on politics, but it is theoretical in its treatment and not political. The book not only represents an ambitious work, but is certainly interesting and stimulating. As to his ideas, Niemeyer derives from Herman Heller, to whom the book is dedicated. Heller's theory of the States is not a legal, but a sociological, a functional theory of the modern, occidental State as it developed since the Renaissance, a theory which stands halfway between Kelsen's "pure …

Neutrality And The European War 1939-1940, Josef L. Kunz

Michigan Law Review

Obviously it is still impossible and will be impossible for some time to make a definitive legal research into the problem of neutrality during the present European war. Most important facts and documents are still unpublished, inaccessible or shrouded in the fog of contradictions and propaganda. The duration and the outcome of the war are still uncertain and nobody can foresee what type of world will emerge from this war and what the future of neutrality in this type of world will be.

A Reference Work On Post War Treaties

Michigan Law Review

A review of POSTWAR TREATIES FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. By Max Habicht

Judicial Attitudes In The Customs-Union Case, Robert Elden Mathews

Michigan Law Review

The World Court decision of last September in the Austro-German Customs case has given rise in many quarters to an attack upon the Court itself.

The criticism has not been based solely upon the eight-to-seven vote of the judges. We have too many one-man majorities in our own judiciary to find much concern there. But the alignment of nationalities from which the two groups of judges come has been the source of the greatest adverse comment. For it so happens that the majority, holding illegal the proposed Customs Union, was composed of judges many of whose nations were opposed to …

Treaties-Effect Of War On Commercial Treaties

Michigan Law Review

The Sophie Rickmers, a German merchant vessel registered at Hamburg and owned by a German corporation with principal place of business there, entered New York Sept. 27, 1921. Upon its entry a tonnage duty of fifty cents per ton was collected under U. S. Rev. Stat. sec. 4219 as amended by 19 Stat. 250 (46 U. S. C. A. 121), and sec. ,4225 (46 U. S. C. A. 128), in addition to the six-cent tonnage duty under 36 Stat. 111 (46 U. S. C. A. 121). The treaty of the United States made in 1827 with the Hanseatic Republics, 1 …

Cases On International Law, Hector G. Spaulding

Michigan Law Review

A Review of CASES ON INTERNATIONAL LAW By Manley O. Hudson.