International Law Commons^™

International Law In The Reagan Years: How Much Of An Outlier, John King Gamble Jr.

Akron Law Review

But is there reason to believe that the attitude and behavior of the Reagan administration towards international law have been unusually hostile? That fundamental question will be addressed in several ways.

First, one component of President Reagan's foreign policy, aid for the Nicaraguan Contras, will be discussed in some detail. That particular policy has produced perhaps the most sharply drawn, sustained conflict with international law. Second, a much briefer account will be provided about two other Reagan administration encounters with international law. Finally, an attempt will be made to provide some historical perspective to the 1981- 1988 period.

Prisoners Of War Under The 1977 Protocol I, Howard S. Levie

Akron Law Review

ARTICLE 1(4) of the Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflict (Protocol 1), bringing national liberation movements within the ambit of the Protocol and thus making the conflicts in which they engage international in scope, was probably the most controversial provision adopted by the Diplomatic Conference which met in Geneva from 1974 to 1977. However, Article 44, which implements Article 1(4), has been the object of almost equal controversy. The purpose of this paper is to determine whether the objections to that article were and …

Zivotofsky Ii's Two Visions For Foreign Relations Law, Harlan G. Cohen

Scholarly Works

The five opinions in Zivotofsky v. Kerry – four by the Supreme Court’s Republican-nominated Justices – exposed fault-lines over foreign relations law that have remained hidden in many of the Court’s other cases. This short essay, part of an AJIL Unbound Agora on the case, explores the most notable of these fissures – that between Justice Kennedy, who wrote the majority opinion, and Chief Justice Roberts, who dissented. Their disagreement in this case highlights the two Justices’ very different visions of U.S. foreign relations law and reveals the dynamic that has defined the direction of the Court over the last …

Several States, One Unity, One Law?, Nicola Preston

Akron Law Review

This article discusses the nature and operation of community law and highlights some of the difficulties experienced by its application to the English legal system.

The latter part of the article compares the operation of community law with that of the federal system in the United States of America.

In many respects the aims of both systems are the same. There are some matters in which it is considered essential that the law should be common or uniform throughout all the states, for example, commerce. In the United States, commerce is largely a federal matter so that goods can flow …

The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti

International Law Studies

China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.

Prospects For An Independent Judiciary: The Russian Constitutional Court And The Cpsu Trial, Lynne M. Tracy

Akron Law Review

This Comment will explore the role of law in Russian and Soviet history. It will then consider the legal reforms that arose under Mikhail Gorbachev's program of perestroika. Particular attention will be devoted to judicial reform and the creation of the Constitutional Court. Second, there will be a description of the events that led to the CPSU trial and the trial itself. Finally, there will be an examination of the impact of the Constitutional Court's verdict on: (1) the future of the Constitutional Court as an independent third branch of the government; (2) the Russian political scene; and (3) the …

The Beginning Of Development Of Legal Regulations Of Competition In Russia, Marina P. Bardina J.D.

Akron Law Review

Analyzing the legal regulation of the activity in the commodities markets, required by the Law, we begin with an examination of provisions on prevention, restriction and prohibition of monopolistic activity. Monopolistic activity is defined by the Law as action or inaction of business entities or state bodies, that contradict the Law and are directed at barring, restricting or distorting competition and/or causing losses to the consumers

The Present Developments Of Legal Regulations Of Space Activities In Russia And Commonwealth Of Independent States, Elena Kamenetskaya

Akron Law Review

The purpose of this article is to give general information about basic legal documents on the exploration and use of outer space which appeared in Russia and the Commonwealth of Independent States in the recent past.

Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino

Akron Law Review

It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …

Developing U.S. - Russian Relations: Academically, Legally And Economically, Isaac C. Hunt Jr.

Akron Law Review

No abstract provided.

Belgian Health Care: A System Worth Studying, Douglas John Maragas

Akron Law Review

This article will focus on basic information pertinent to the Belgian system. A more extensive explanation of the Belgian system, and a proposed American health care plan adapted from the Belgian system, can be found in my report: "A Comprehensive Health Care System Incorporating Public and Private Enterprise: With the Belgian system as a Base, America can Develop a Cost Efficient Comprehensive Health Care System."

Tortious Necessity; The Privileged Defense, John P. Finan, John Ritson

Akron Law Review

The similarities between the laws of torts in the United States of America and England enable one to make an interesting comparison between the two sets of rules applicable to the general defense of necessity. Although both tort systems are derivatives to a greater or lesser extent of the English common law, they have inevitably developed their own individual jurisprudence over the years. Concepts have been refined and extended to produce significant and curious differences which provide an interesting exercise in legal forensic. The similarities of the two tort systems make a comparative study possible, and the differences provide the …

The New Constitution Of Russia: Main Principles And Features, Ninel S. Krylova

Akron Law Review

On December 12,1993, the new Constitution of Russia was approved by the people who voted for it at the referendum. This Constitution will replace an old one which was adopted in 1978, when Russia was one of the Republics of the USSR. [...]

The new Constitution consists of one hundred thirty-seven (137) articles. It is impossible to describe all of them in detail. However, there are some provisions which are crucial for the future constitutional development of the country. The new Constitution should be the Bridge to Democracy. In the words of President Yeltsin, it is a touchstone in Russia's …

The Troubled Evolution Of Energy Policy In The Eec: A Discordant Note In The Harmonization Process, Jonathan D. Fishbane

Akron Law Review

This article will explore the troubled evolution of EEC energy policy and the attendant institutional and structural tensions that have militated against a cohesive energy policy and regulatory regime. Certainly, a by-product of such an inquiry is the issue of whether energy-based decision-making has been predicated upon a communitarian vision with Pan-European meaning, or whether nationalism and the pressures of the historical moment have determined the choice of rules to be made irrespective of long- term institutional considerations. While it is recognized that energy encompasses a variety of sources, including petroleum, coal, electricity, geothermal power, and nuclear energy, this article …

Judicial Enforcement Of International Human Rights, Edward D. Re

Akron Law Review

Lawyers are thinkers who must determine what are the fundamental human rights that must be legally enforced by a society worthy of being called civilized. Lawyers, therefore, devote their energies not only to human rights, but also to legal remedies designed to give effect to fundamental rights. Hence, for lawyers, the legal question presented deals with convening the ideals into legally enforceable norms. To phrase the inquiry in simple terms: what needs to be done to give legal effect to those moral norms which embody human rights and fundamental freedoms? What are the institutions of government that are charged with …

Vimar Segurosy Reaseguros V. M/V Sky Reefer: A Change In Course: Cogsa Does Not Invalidate Foreign Arbitration Clauses In Maritime, C. Christine Fahrenback

Akron Law Review

The purpose of this Note is to analyze the Supreme Court's reasoning in Vimar Seguros Y Reaseguros, S.A. v. M/V Sky Reefer, and to explore the case's domestic and international implications. Part II discusses the statutory history of COGSA and the Arbitration Act, and the lineage of cases preceding the Supreme Court's decision in this case. Part III looks at the specifics of the case, presenting the facts, procedural history, and reasoning of the majority and dissent. Finally, the Note concludes with an analysis of the Court's decision to abandon precedent and depart into uncharted waters by upholding the foreign …

Prosecuting War Crimes Before An International Tribunal, Howard S. Levine

Akron Law Review

It is probably appropriate to begin this discussion by stating that while the author has acted as an official reviewer of records of war crimes trials, and has read and analyzed innumerable records of those trials, he has never personally prosecuted an individual accused of a war crime.' Accordingly, this discussion will necessarily be based upon what others have said and done with respect to the problem of prosecuting war crimes cases before international tribunals. Some people would label such a discussion as "academic", intending the word to be interpreted pejoratively. If "academic" means knowledge gained from the study of …

War Crimes And International Criminal Law, Stuart H. Deming

Akron Law Review

My remarks will focus on three particular areas relating to war crimes and international criminal law. These will include the prospect of an international criminal court, my experience with war crimes issues in Ethiopia, and how traditional practitioners can become involved with these issues.

Nuclear Smuggling As An International Crime, Burrus M. Carnahan

Akron Law Review

In the chaotic post-Cold War world, international cooperation is increasingly needed to detect and punish those who aid the spread of nuclear and other weapons of mass destruction. The proliferation of these weapons is a threat to the security of all states, except for a few rogues such as Iraq and North Korea; all other states have a common interest in punishing anyone who would assist the rogue states to acquire highly destructive weaponry. It would be reasonable to assume, therefore, that the proliferation of weapons of mass destruction is widely regarded as an international crime, like piracy, war crimes …

Symposium On Hot Spots In International Law, John F. Seiberling

Akron Law Review

To anyone concerned about deterring future wars and war crimes and strengthening the rule of law, the panelists in this symposium bring fresh insights and encouragement. The University of Akron School of Law, the International Law Society, and the Akron Law Review are to be commended for bringing these experts and their discussion of this important subject to a wide audience at such a crucial time.