Rule of Law Commons^™

Pre-Intervention Trust-Building, African States And Enforcing The Peace, Jeremy I. Levitt

Journal Publications

This article is concerned with examining the dynamics of trust-building in a pre-intervention context.' Specifically, it will analyse the concept of trustbuilding prior to the ECOWAS humanitarian interventions in Liberia and Sierra Leone, although the general thrust of my argument will no doubt apply to other African interventions.' Humanitarian intervention can be taken to mean: Intervention in a state involving the use of force (U.N. action in Iraq and Somalia or ECOWAS action in Liberia and Sierra Leone) or threat of force (U.N. action in Haiti), where the intervenor deploys armed forces and, at the least, makes clear that it …

International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón

Michigan Journal of International Law

Review of American Hegemony: Political Morality in a One-Superpower World by Lea Brilmayer

Custom, Power, And The Power Of Rules, Michael Byers

Michigan Journal of International Law

This article begins by explaining briefly the differing perspectives which these two general categories of scholars - those who study international law and those who study international relations - have of international society generally, and of law and power more specifically. This article exposes the fact that power is an important but largely unnoticed subject of much international legal discourse and also canvasses attempts by international relations scholars to incorporate law into their understandings of power.

Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker

Michigan Journal of International Law

Review of the book by Richard A. Falk.

Searching For The Rule Of Law In The Wake Of Communism, George P. Fletcher

BYU Law Review

No abstract provided.

Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin

Michigan Journal of International Law

Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …

The Common Law Tradition, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.

Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander

Vanderbilt Journal of Transnational Law

Terrorism, in its essence, consists of common crimes: murder, attempted murder, kidnapping, aggravated battery, aggravated assault, arson and whatever other act of violence is utilized for terrorist ends and as terrorist means. Admittedly the world's democracies have not only failed to develop an acceptable definition for the global arena, they have also been unable to fashion a proper meaning for their own domestic statutes. We should never forget the symbiotic relationship which exists between terrorism and democracy. As the French political analyst, Jean Francois Ravel, has cogently remarked: "The main target of international terrorism is the idea of freedom as …

Private International Law As A Means To Control The Multinational Enterprise, Dimitris Tzouganatos

Vanderbilt Journal of Transnational Law

This Article explores the different approaches taken by the academic and judicial communities of Germany and the United States in their respective attempts to derive the optimal legal policy to deal with the multinational enterprise phenomenon. It attempts to assess the success of the Private International Law method as applied in most European countries by examining whether its criteria are operational and a reflection of economic reality. The Article also analyzes whether application of such criteria ensures the enforcement of the policies of the forum. It concludes by questioning whether the Private International Law approach is a viable alternative to …

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

Touro Law Review

No abstract provided.

Legal And Economic Incentives For Foreign Direct Investment In The Southeastern United States, Paul S. Dempsey

Vanderbilt Journal of Transnational Law

The United States of America may well be the most attractive area for investment in the entire world. Foreign investment, although failing to play a dominant role in the American economy, has nevertheless enjoyed a substantial and significant growth in recent years. This contemporary acceleration may be attributed to a number of factors, including, for example: (a) America's enormous pool of skilled and well educated labor; (b) the narrowing of the gap between the cost of United States and foreign labor; (c) the abundance of domestic energy and other raw materials; and (d) the relative docility of the United States …

A Report On Certain Recent Legal Developments In The International Monetary Fund, Joseph Gold

Vanderbilt Journal of Transnational Law

In the recent past, the main activity of the International Monetary Fund in connection with the development of international law has been the negotiation and drafting of an amendment of the Fund's Articles of Agreement. The present report deals primarily with that activity, but also comments on the sixth general review of the quotas of member states in the Fund.

On August 15, 1971, the United States, having decided to free itself from certain constraints that had become unacceptable and to exercise greater autonomy for national policies, suspended the convertibility into gold or other reserve assets of balances of United …

Compulsory Jurisdiction Of The International Court Of Justice: A Study Of Its Acceptance By Nations, Harold J. Owen

Georgia Law Review

THE primary problem confronting both the Permanent Court of International Justice under the League of Nations and the Inter- national Court of Justice under the United Nations has been the reluctance of nations to submit themselves to the compulsory jurisdiction of either court. Consequently to achieve the full potential of international adjudication, a greater number of nations must be convinced of the advantages in utilizing the compulsory jurisdiction of the present International Court of Justice.

When the Statute of the Permanent Court of International Justice was under consideration, many leading international jurists were cognizant of its necessity. American representatives, James …

Toward Supremacy Of Treaty-Constitution By Judicial Fiat: On The Margin Of The Case, Eric Stein

Michigan Law Review

Increased interdependence of states in modem times has shaken the nineteenth century doctrines of extreme dualism and positivism. These doctrines would build an impenetrable wall between the international and national legal orders; they would elevate the state to the position of exclusive actor and deny the individual any standing in the international legal order; and, in the interpretation of a rule of law, they would exclude any regard for the political, economic, and social context in which the rule is applied.

Mcdougal & Feliciano: Law And Minimum World Public Order, Claude B. Mickelwait

Michigan Law Review

A Review of Law and Minimum World Public Order. By Myres S. McDougal and Florentino P. Feliciano

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.

The International Rule Of Law, William W. Bishop

Michigan Law Review

In contrast with the previous lectures in this series on the Rule of Law, we are today not concerned with how the Rule of Law operates in a highly organized modem state like our own United States; but are turning instead to the world-wide community (or perhaps more properly international arena or international sphere of action, since the very word "community" may over-emphasize the degree of common sentiment!), in which the present role of the law is far less than within the state. Our first question is whether there is in fact any such thing as an international Rule of …

Book Review. The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William Burnett Harvey

Articles by Maurer Faculty

No abstract provided.

Clark & Sohn: World Peace Through World Law, Harding Bancroft

Michigan Law Review

A Review of World Peace Through World Law. By Grenville Clark and Louis B. Sohn.