Transnational Law Commons^™

Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

Articles

In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Permanent Court Of International Justice, Edwin D. Dickinson

Reviews

"The author of this volume of collected papers and addresses is well known as the Bemis Professor of International Law in Harvard Law School, sometime member of the Legal Section of the Secretariat of the League of Nations, and the most efficient advocate of the new Permanent Court of International Justice in America. His enterprise as an advocate is sufficiently attested by the fourteen brilliant papers reproduced in this volume and the nine other titles of similar nature listed in the bibliography, all of them produced during the last three years....

"The exceptional timeliness of the book and the quality …

International Political Questions In The National Courts, Edwin D. Dickinson

Articles

"Much has been made of the principle, in England and America, that international law is part of the national law to be applied by national courts in appropriate circumstances. As Mr. Justice Gray has expressed it, in the Paquete Habana: 'International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as question of right depending upon it are duly presented for their determination...'

This principle is useful, where it is applicable, but it is subject to limitations which are sometimes inadequately appreciated ..."

Unrecognized Government Or State In English And American Law (Part 2), Edwin D. Dickinson

Articles

PROBABLY no one in the British Empire or the United States would question the doctrine that it belongs exclusively to the political departments to recognize new governments or states. The difficulties involved are those which arise in the application of a doctrine so broadly stated. Not every situation involving an unrecognized government or state requires the decision of a question of recognition. If the decision of a political question is not involved, then it is entirely proper for the courts to take cognizance of a mere de facto government or state. In what situations may the courts appropriately take account …

Unrecognized Government Or State In English And American Law (Part 1), Edwin D. Dickinson

Articles

From the decision of this novel case, reported as Pelzer v. United Dredging Co., we may infer that the New York courts regard unrecognized Mexico as a sort of legal vacuum. In granting the corporation's motion for judgment on the pleadings, the Supreme Court said: "The administratrix plaintiff is an officer of a foreign court. It is syllogistically true that if the foreign court has no recognized power here she may not assert a right derived through her appointment therefrom. The Mexican government is not de facto here, since recognition alone can make it so. It may have all the …