Zschernig v. Miller and the Breard matter

Article Abstract:

The US Supreme Court decision in Zschernig v. Miller may serve as precedent for cases involving foreign nationals who have been tried in US state courts without being notified of their right to contact consular officials under the Vienna Convention on Consular Relations. Zschernig involved a dispute between Oregon and East German heirs of a decedent whose Oregon property was claimed by the state. The Court ruled the state statute Oregon claimed as authority interfered with the federal government's power and duty to conduct foreign policy.

Interpretation and construction, Cases, Treaties, Conflict of laws, Jurisdiction, Diplomatic privileges and immunities, Diplomatic immunity

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Security Council governance of postconflict societies: a plea for good faith and informed decision making

Article Abstract:

The author examines the UN Security Council's approach to post-conflict governance in societies such as Kosovo and East Timor and argues the Council needs to investigate in good faith to improve their decision making in aiding such societies.

Management, Evaluation, Political aspects, Social conflict, Conflict management, United Nations. Security Council, Good faith (Law)

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Restitution as a remedy in U.S. courts for violations of international law

Article Abstract:

The author reviews United States courts' practice in respect to granting restitution when international law has been violated. He criticizes courts for denying restitution without due consideration of international effects.

Laws, regulations and rules, Remedies, International law, Aliens, Restitution

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