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Full-Text Articles in Social and Behavioral Sciences
The Justiciability Of Paraguay's Claim Of Treaty Violation, Lori Fisler Damrosch
The Justiciability Of Paraguay's Claim Of Treaty Violation, Lori Fisler Damrosch
Faculty Scholarship
The U.S. Government's position asserting nonjusticiability of the treaty claims raised by Paraguay in the domestic and international lawsuits is disturbing. The Government's amicus filings at the court of appeals and the Supreme Court denied that Paraguay's claims belonged in federal court (or indeed in any court at all); at the International Court of Justice, the United States admitted a treaty violation but denied the competence of that tribunal to enter a judicial remedy. At one or another phase of these proceedings, the U.S. Government pressed a variety of arguments that (if accepted) would rule out virtually any judicial consideration …
Current Developments Concerning The Settlement Of Disputes Involving States By Arbitration And The World Court – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Current Developments Concerning The Settlement Of Disputes Involving States By Arbitration And The World Court – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch
Faculty Scholarship
Our moderator has asked me to talk about the dialogue between the United States and the Soviet Union. With respect to the general contours of the U.S. proposal, I think it is a very constructive one. I do support it, and I urge you all to study it, comment upon it, and try to improve it to take it a bit further. The main feature of it that I want to mention today is the idea of affirmative enumeration of categories of disputes that would be submitted to the Court for jurisdiction as opposed to the historical approach of accepting …