American Journal of International Law 1998 |
Title | Subject | Authors |
Alien Tort Claims Act - Foreign Sovereign Immunities Act - act of state doctrine - crimes against humanity - forced labor - torture - cruel, inhuman or degrading treatment - violations of international law by nonstate actors - liability of private companies for human rights violations. | Law | Aceves, William J. |
Applicability of procedure for securing prompt release of vessels and crews under UN Convention on the Law of the Sea - burden of proof - bunkering of fishing vessels in exclusive economic zone - hot pursuit - reasonable bond. (St. Vincent & the Grenadines v. Guinea (The M/V Saiga)) | Law | Oxman, Bernard H. |
Application of Fifth Amendment to U.S. Constitution in international context - fear of foreign prosecution as ground for invoking privilege against self-incrimination - relevance of growing international law enforcement cooperation - role of U.S. judiciary in foreign relations.(Review) | Law | Amann, Diane Marie |
Armed conflict - losses resulting from invasion and occupation of Kuwait - oil well fires - liability for damages - causation - mitigation of damages - abatement of environmental damage - standing - parties - duplication of claims. (Well Blowout Control Claim before U.N. Compensation Commission) | Law | Alford, Roger P. |
Breard and the federal power to require compliance with ICJ orders of provisional measures.(International Court of Justice)(Agora: Breard) | Law | Vazquez, Carlos Manuel |
Breard and treaty-based rights under the consular convention.(Paraguayan convicted of homicide in U.S.)(Agora: Breard) | Law | Paust, Jordan J. |
Classification of armed conflict in the former Yugoslavia: Nicaragua's fallout. | Law | Meron, Theodor |
Confronting difference: the puzzling durability of Gentili's combination of pragmatic pluralism and normative judgment.(16th-century Italian Alberico Gentili, professor of law at Oxford University) | Law | Kingsbury, Benedict |
Court to court.(judicial comity in international relations)(Agora: Breard) | Law | Slaughter, Anne-Marie |
Crimes and accountability in Shakespeare. | Law | Meron, Theodor |
Diplomatic immunity - Vienna Convention on Diplomatic Relations - effect of diplomatic immunity on states other than receiving state - relationship between state immunity and diplomatic immunity - state succession and diplomatic immunity. (Germany) | Law | Fassbender, Bardo |
European Communities - human rights - positive action (affirmative action) for women - employment discrimination - interpretation of Equal Treatment Directive of European Community - meaning of 'equality of opportunity' - meaning of 'discriminatory employment criteria.' | Law | Mertus, Julie A. |
European Communities restrictions on imports of beef treated with hormones - nontariff trade barriers - control of food additives - scientific basis for restrictions - WTO dispute settlement mechanism - scope of review.(World Trade Organization) | Law | Wirth, David A. |
European Community competence - development cooperation - duty to respect human rights and democratic principles - cooperation in fields of energy, tourism, culture, drug abuse control and protection of intellectual property. | Law | Kokott, Juliane, Hoffmeister, Frank |
European Convention on Human Rights - absolute prohibition of torture and inhuman treatment - limitations on right to deport aliens - danger to deportee emanating from private persons - protection of AIDS victim from deportation on compassionate grounds. | Law | Kokott, Juliane, Berger-Kerkhoff, Heike |
European Convention on Human Rights - absolute prohibition of torture - assessment of real risk of being subjected to torture abroad - effective national remedy in deportation proceedings involving national security. | Law | Rudolf, Beate |
Extradition - provisional arrests by United States under extradition treaties - constitutionality of treaty providing for arrest without showing of probable cause - constitutionality of detention without showing risk of flight. | Law | Coombs, Mary |
Foreign Sovereign Immunities Act - denial of immunity for extrajudicial killing - Cuban liability for shooting down civil aircraft - punitive damages - retroactive application of statute recognizing cause of action for human rights violations.(Review) | Law | Schnably, Stephen J. |
Forum non conveniens and antisuit injunctions: an update. (Australia) | Law | Lowenfeld, Andreas F. |
France - immunity from taxation under ICJ Statute - effect of customary international law in French administrative courts.(International Court of Justice) | Law | Riesenfeld, Stefan Albrecht |
ICJ compulsory jurisdiction - effective date of Optional Clause declarations - existence of a dispute - effect of absent third states - diplomatic negotiations as a precondition for recourse to ICJ - effect of negotiation reequirements of Law of the Sea Convention where jurisdiction is based on Optional Clause.(International Court of Justice overrules Nigeria's objections to jurisdiction) | Law | Bekker, Peter H.F. |
"Indigenous peoples" in international law: a constructivist approach to the Asian controversy. | Law | Kingsbury, Benedict |
International claims - settlement by espousal - takings of property - just compensation. | Law | Bederman, David J., Borchert, John W. |
International Criminal Tribunal for Rwanda - jurisdiction - waiver of deadlines for motions - Security Council competence under Chapter VII of UN Charter - jus de non evocando - effect of prior decisions of Appeals Chamber of International Criminal Tribunal for the Former Yugoslavia. | Law | Morris, Virginia |
International law and international relations theory: a new generation of interdisciplinary scholarship. | Law | Slaughter, Anne-Marie, Tulumello, Andrew S., Wood, Stepan |
Jamaica withdraws the right of individual petition under the International Covenant on Civil and Political Rights. | Law | Schiffrin, Natalia |
Law of treaties - grounds for treaty termination - effect of environmental duties on treaty obligations - state responsibility - state succession - countermeasures - lawfulness of Hungary's abandonment of 1977 Treaty for development of Danube River and Czechoslovakia's unilateral diversion of the river. | Law | Bekker, Peter H.F. |
Lincoln, Lieber and the the laws of war: the origins and limits of the principle of military necessity. (Abraham Lincoln, Lieber Code of the U.S. military) | Law | Carnahan, Burrus M. |
Moving forward on the development of minimum humanitarian standards. (UN report) | Law | Petrasek, David |
Myres Smith McDougal: 1906-1998.(Yale Law School professor) | Law | Reisman, W. Michael, Falk, Richard A., Higgins, Rosalyn C., Weston, Burns H. |
New ICJ jurisprudence on counterclaims - interpretation of Article 80 of Rules of Court - Yugoslav and U.S. counterclaims within the Court's jurisdiction and directly connected to the subject matter of the applicant's claim. (International Court of Justice) | Law | Bekker, Peter H.F. |
Pacta sunt servanda - priority of international agreement over municipal law under Japanese Constitution - duty to consult under international agreement - effect on prior fisheries accord of changes in municipal law regarding territorial sea limits and straight baselines. (Japan v. Kim Sun-Ki, Matsue District Court) | Law | Park, Hee Kwon |
Preliminary objections to Court's jurisdiction and admissibility of application - existence of dispute under 1971 Montreal Convention - objections not "exclusively" preliminary - effect of Security Council resolution requiring Libya to extradite suspects in Lockerbie disaster. (International Court of Justice) | Law | Bekker, Peter H.F. |
Provisional measures, U.S. treaty obligations, and the states.(U.S. ignored International Court of Justice decision )(Agora: Breard) | Law | Henkin, Louis |
Reconciling extradition with human rights. | Law | Dugard, John, Van den Wyngaert, Christine |
Restitution for historic wrongs, the American courts and international law.(Editorial) | Law | Vagts, Detlev F. |
State responsibility in private civil action - sovereign immunity - immunity for jus cogens violations - belligerent occupation - peace treaties.(atrocities committed by Germany against Greece in World War II)(Review) | Law | Bantekas, Ilias |
Switzerland - international humanitarian law - existence of an international armed conflict - attribution of violations of the Red Cross Conventions to de facto organs or agents of parties to a war - universal jurisdiction over war crimes in Switzerland. (In re G., Swiss Military Tribunal) | Law | Ziegler, Andreas R. |
Taking treaties less seriously. (U.S. attitude toward treaties) | Law | Vagts, Detlev F. |
The 1997 judicial activity of the International Court of Justice. | Law | Bekker, Peter H.F. |
The 1997 United Nations convention on international watercourses. (non-navigational uses) | Law | McCaffrey, Stephen C., Sinjela, Mpazi |
The abiding relevance of federalism to U.S. foreign relations.(U.S. Supreme Court refuses to interfere in state's execution of convicted Paraguayan)(Agora: Breard) | Law | Bradley, Curtis A., Goldsmith, Jack L. |
The enforcement of Security Council Resolution 687: the threat of force against Iraq's weapons of mass destruction.(U.S. unilateral force is justified to enforce resolution) | Law | Wedgwood, Ruth |
The facts.(homicide case convicting Paraguayan in the U.S.)(Agora: Breard) | Law | Charney, Jonathan I., Reisman, W. Michael |
The fate of the international treaties of the GDR within the framework of German unification. (German Democratic Republic) | Law | Papenfub, Dieter |
The fifth session of the UN Preparatory Committee on the Establishment of an International Criminal Court. | Law | Hall, Christopher Keith |
The fifty-third session of the UN Commission on Human Rights. | Law | Dennis, Michael J. |
The first site visit of the International Court of Justice in fulfillment of its judicial function. | Law | Tomka, Peter, Wordsworth, Samuel S. |
The forty-ninth session of the International Law Commission. (United Nations) | Law | Rosenstock, Robert |
The International Convention for the Suppression of Terrorist Bombings.(Review) | Law | Wittens, Samuel M. |
The justiciability of Paraguay's claim of treaty violation.(Paraguayan's right to contact consular official when accused of homicide in the U.S.)(Agora: Breard)(Review) | Law | Damrosch, Lori Fisler |
The Kyoto Protocol to the United Nations Framework Convention on Climate Change. | Law | Breidenich, Clare, Magraw, Daniel, Rowley, Anne, Rubin, James W. |
The legal mandate of multilateral development banks as agents for change toward sustainable development.(mandate under international law) | Law | Handl, Gunther |
The political economy of a bilateral investment treaty.(reflects national interests rather than international interests) | Law | Vandevelde, Kenneth J. |
The sixth session of the UN Preparatory Committee on the Establishment of an International Criminal Court. | Law | Hall, Christopher Keith |
The third and fourth sessions of the UN Preparatory Committee on the Establishment of an International Criminal Court. | Law | Hall, Christopher Keith |
The total S.A. case: meaning of "investment" under the ILSA. (Total S.A. oil company; Iran and Libya Sanctions Act) | Law | Zedalis, Rex J. |
The United Nations Treaty collection on the Internet. | Law | Kohona, Palitha T.B. |
The work of the sixth committee at the fifty-second session of the UN General Assembly. (legal committee) | Law | Morris, Virginia, Bourloyannis-Vrailas, M.-Christiane |
The WTO legal system: sources of law. (World Trade Organization) | Law | Mavroidis, Petros C., Palmeter, David |
Treaties - Vienna Convention on Consular Relations - consular access to detained nationals - habeas corpus - Antiterrorism and Effective Death Penalty Act of 1996. | Law | Aceves, William J. |
Treaties - Vienna Convention on Consular Relations - U.S.-Paraguay Treaty of Friendship - consular access to detained nationals - private right of action - Eleventh Amendment - International Court of Justice - provisional measures. | Law | Aceves, William J. |
UN Compensation Commission Panel sets precedents on government claims. | Law | Heiskanen, Veijo, O'Brien, Robert C. |
United Kingdom - exemption of agents of foreign states from UK taxation - recognition of states - status of Turkish Republic of Northern Cyprus - nationality of Turkish Cypriots - effect of nonrecognition on application of municipal law. (Caglar v. Her Majesty's Inspector of Taxes) | Law | Turns, David |
U.S. state boundaries - Submerged Lands Act - 1958 Geneva Convention in the Territorial Sea - straight baselines - fringing islands - ice elevations. | Law | Bederman, David J. |
War crimes and crimes against humanity - role of national law in interpreting international law - requirements for accepting a guilty plea - duress as a defense to charges of unlawful killing. | Law | Swaak-Goldman, Olivia |
War crimes - applicability of Geneva Conventions and Protocol I - international character of the armed conflict in Bosnia - jurisdiction of German courts to prosecute foreigners for war crimes committed outside Germany - intent requirement for genocide. | Law | Safferling, Christoph J.M. |
War crimes law comes of age. | Law | Meron, Theodor |
Zschernig v. Miller and the Breard matter.(foreigner's rights in U.S. state courts )(Agora: Breard) | Law | Kirgis, Frederic L. |
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