American Journal of International Law 1998 - Abstracts

American Journal of International Law 1998
TitleSubjectAuthors
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.LawAceves, 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))LawOxman, 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)LawAmann, 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)LawAlford, Roger P.
Breard and the federal power to require compliance with ICJ orders of provisional measures.(International Court of Justice)(Agora: Breard)LawVazquez, Carlos Manuel
Breard and treaty-based rights under the consular convention.(Paraguayan convicted of homicide in U.S.)(Agora: Breard)LawPaust, Jordan J.
Classification of armed conflict in the former Yugoslavia: Nicaragua's fallout.LawMeron, 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)LawKingsbury, Benedict
Court to court.(judicial comity in international relations)(Agora: Breard)LawSlaughter, Anne-Marie
Crimes and accountability in Shakespeare.LawMeron, 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)LawFassbender, 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.'LawMertus, 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)LawWirth, 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.LawKokott, 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.LawKokott, 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.LawRudolf, 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.LawCoombs, 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)LawSchnably, Stephen J.
Forum non conveniens and antisuit injunctions: an update. (Australia)LawLowenfeld, Andreas F.
France - immunity from taxation under ICJ Statute - effect of customary international law in French administrative courts.(International Court of Justice)LawRiesenfeld, 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)LawBekker, Peter H.F.
"Indigenous peoples" in international law: a constructivist approach to the Asian controversy.LawKingsbury, Benedict
International claims - settlement by espousal - takings of property - just compensation.LawBederman, 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.LawMorris, Virginia
International law and international relations theory: a new generation of interdisciplinary scholarship.LawSlaughter, Anne-Marie, Tulumello, Andrew S., Wood, Stepan
Jamaica withdraws the right of individual petition under the International Covenant on Civil and Political Rights.LawSchiffrin, 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.LawBekker, 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)LawCarnahan, Burrus M.
Moving forward on the development of minimum humanitarian standards. (UN report)LawPetrasek, David
Myres Smith McDougal: 1906-1998.(Yale Law School professor)LawReisman, 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)LawBekker, 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)LawPark, 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)LawBekker, Peter H.F.
Provisional measures, U.S. treaty obligations, and the states.(U.S. ignored International Court of Justice decision )(Agora: Breard)LawHenkin, Louis
Reconciling extradition with human rights.LawDugard, John, Van den Wyngaert, Christine
Restitution for historic wrongs, the American courts and international law.(Editorial)LawVagts, 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)LawBantekas, 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)LawZiegler, Andreas R.
Taking treaties less seriously. (U.S. attitude toward treaties)LawVagts, Detlev F.
The 1997 judicial activity of the International Court of Justice.LawBekker, Peter H.F.
The 1997 United Nations convention on international watercourses. (non-navigational uses)LawMcCaffrey, 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)LawBradley, 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)LawWedgwood, Ruth
The facts.(homicide case convicting Paraguayan in the U.S.)(Agora: Breard)LawCharney, Jonathan I., Reisman, W. Michael
The fate of the international treaties of the GDR within the framework of German unification. (German Democratic Republic)LawPapenfub, Dieter
The fifth session of the UN Preparatory Committee on the Establishment of an International Criminal Court.LawHall, Christopher Keith
The fifty-third session of the UN Commission on Human Rights.LawDennis, Michael J.
The first site visit of the International Court of Justice in fulfillment of its judicial function.LawTomka, Peter, Wordsworth, Samuel S.
The forty-ninth session of the International Law Commission. (United Nations)LawRosenstock, Robert
The International Convention for the Suppression of Terrorist Bombings.(Review)LawWittens, 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)LawDamrosch, Lori Fisler
The Kyoto Protocol to the United Nations Framework Convention on Climate Change.LawBreidenich, 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)LawHandl, Gunther
The political economy of a bilateral investment treaty.(reflects national interests rather than international interests)LawVandevelde, Kenneth J.
The sixth session of the UN Preparatory Committee on the Establishment of an International Criminal Court.LawHall, Christopher Keith
The third and fourth sessions of the UN Preparatory Committee on the Establishment of an International Criminal Court.LawHall, Christopher Keith
The total S.A. case: meaning of "investment" under the ILSA. (Total S.A. oil company; Iran and Libya Sanctions Act)LawZedalis, Rex J.
The United Nations Treaty collection on the Internet.LawKohona, Palitha T.B.
The work of the sixth committee at the fifty-second session of the UN General Assembly. (legal committee)LawMorris, Virginia, Bourloyannis-Vrailas, M.-Christiane
The WTO legal system: sources of law. (World Trade Organization)LawMavroidis, 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.LawAceves, 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.LawAceves, William J.
UN Compensation Commission Panel sets precedents on government claims.LawHeiskanen, 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)LawTurns, David
U.S. state boundaries - Submerged Lands Act - 1958 Geneva Convention in the Territorial Sea - straight baselines - fringing islands - ice elevations.LawBederman, 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.LawSwaak-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.LawSafferling, Christoph J.M.
War crimes law comes of age.LawMeron, Theodor
Zschernig v. Miller and the Breard matter.(foreigner's rights in U.S. state courts )(Agora: Breard)LawKirgis, Frederic L.
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