bluuebunny/crossref_metadata_2025 huggingface dataset:
The Legal Nature and Punishment of Criminal Acts of Violence Contrary to the Laws of War
Authors: Manner George
Published: April 2006

On January 13, 1942, eight governments-in-exile and the Free French National Committee adopted at London a resolution which pledges them to postwar punishment of every person guilty and responsible for certain criminal acts of violence committed by the German armies and their accomplices in occupied territories contrary to the law of war as formulated, in particular in the Fourth Hague Convention of 1907 concerning land warfare, or as generally understood by the civilized world. Several of the signers of this document spoke of the acts in question as social or international crimes and intimated that new legal conceptions would govern responsibility for and punishment of them. It seems opportune, therefore, to reexamine the established legal principles relating to these issues and to inquire whether any new rules of international law have been accepted recently with regard to the legal nature and punishment of criminal acts of violence committed by members of the armed services of a nation contrary to the laws and customs of war.
Revision of Nationality Laws of the United States
Authors: Flournoy Richard W.
Published: April 2006

It is to be hoped that one of the first measures to which Congress will give its attention during the next session will be the bill (H. R. 6127) “To revise and codify the nationality laws of the United States into a comprehensive nationality code.” This bill was introduced by the Honorable Samuel Dickstein, Chairman of the Committee on Immigration and Naturalization of the House of Representatives, May 3,1939. It embodies a draft nationality code, which was prepared under the direction of a committee composed of the Secretary of State, the Attorney General and the Secretary of Labor, in pursuance of an Executive Order of April 25, 1933. The cabinet committee submitted its report June 1, 1938, upon the basis of extensive studies and conferences by officials of the three Departments, and the report was submitted to Congress with a message of the President dated June 13, 1938.
Far Eastern Policies of the United States
Authors: Willoughby W. W.
Published: April 2006

Whether or not it was possible at the time for those who framed the treaties which terminated the World War of 1914–1918 to have better provided for the years of peace which were to follow, it is now generally recognized that the terms agreed upon by the Allied Powers and imposed upon Germany were not as wise as they might have been. This is a conclusion which experience has demonstrated, and, from this experience, it is proper that nations should derive wisdom with regard to any future treaties of peace which may be entered into. Hence it is that, since the outbreak of the present European war, there has been much discussion as to what terms should be imposed upon Germany if and when she is compelled to sue for peace.
American Civil War Precedents: Their Nature, Application, and Extension
Authors: McDiarmid Alice Morrissey
Published: April 2006

When the present European war broke out and neutral rights came into the foreground of America’s anxieties, the President advised the public to study the conduct of the United States during the Civil War. That desperate struggle is inevitably the American touchstone for belligerent rights because, as Secretary of State Seward pointed out in 1863.

It is… obvious that any belligerent claim which we make during the existing war, will be urged against us as an unanswerable precedent when [we] may ourselves be at peace.
Principles and Practices of Recognition by International Organizations
Authors: Aufricht Hans
Published: April 2006

Intergovernmental organizations are frequently confronted with questions concerning the recognition of states and governments. This essay deals with the principles and practices concerning recognition by major intergovernmental organizations in the light of the related rules and practices of the League of Nations, the Inter-American System and the United Nations.
The Financial Experience of UNRRA
Authors: Sumberg Theodore A.
Published: April 2006

As the first working agency of the United Nations, already almost two years old, the United Nations Relief and Rehabilitation Administration is of special interest to students of international organization. Despite its unique features it has already grappled with many of the problems that will confront all future international organizations. Its financial experience is particularly interesting because all such organizations, whether dealing with political, judicial, or economic subject matter, have very early in their history to go through the difficult process of collecting funds from resolutely sovereign-minded member governments. The Economic and Social Council of the United Nations, in view of its coordinating authority over all international specialized agencies, cannot fail to be guided by the results of the financial experience of UNRRA. The International Monetary Fund and the International Bank for Reconstruction and Development can be expected to be especially attentive to UNRRA's experience because, like it, they require the collection of vast funds for more than administrative purposes.
Recovery of Japanese Nationality as Cause for Expatriation in American Law
Authors: Blakemore Thomas L.
Published: April 2006

A peculiar and difficult nationality problem latent for decades in the relationship of American to Japanese law suddenly has emerged since the Japanese surrender in 1945. Directly involved is the nationality status of several thousands of Nisei (American-born individuals of Japanese paternity) who now are dismayed to discover that certain actions taken by them or on their behalf in the course of World War II either have seriously clouded their claims to American citizenship or have resulted in an apparently irrevocable expatriation. Stated briefly, the problem involved is that of the effect on American nationality of reacquisition of Japanese nationality obtained through a process known to Japanese law as “recovery.” In this article a description first is made of the Japanese legal institution of “recovery” and its relationship to other phases of Japanese nationality law. Consideration then is given to the application to “recoveries” of those articles and sections of the American Nationality Acts of 1907 and 1940 which deal with expatriation. In a final section, certain troublesome categories of ostensible “recoveries” as well as “recoveries” obtained during minority are examined, and various possibilities are explored for challenging the apparent loss of American nationality which has resulted.
The States Directly Concerned: Article 79 of the United Nations Charter
Authors: Wolfe George V.
Published: April 2006

Statesmen, politicians, political scientists, journalists, and radio commentators seem to agree on one thing about the United Nations: success or failure depends upon the spirit animating its members. As Eagleton says, “The system [embodied in the United Nations Charter] does not automatically guarantee security to anyone, and whether it will provide peace and human advancement will depend entirely upon the willingness of its Members to coöperate toward these ends.”
The Closing of the Mixed Courts of Egypt
Authors: Brinton Jasper Y.
Published: April 2006

The Mixed Courts of Egypt closed their doors on October 15th, 1949. At their inauguration in 1875, the Khedive Ismail had used these words: “This day, gentlemen, will mark the commencement of a new era of civilisation in the history of Egypt.“ This was a bold prophecy to make for an institution to whom the Powers had given only five years of life. The event, however, amply justified the Khedive's prediction, and proved once more the truth of the Egyptian proverb, “Only the provisional endures.” The institution survived every test. Twenty times its life was successively renewed for periods varying from two to five years. The well-known words of Sir Maurice Amos, spoken in 1925, when the Courts were rounding the half-century mark, might still challenge contradiction a quarter of a century later, as they reached the end of their life: “I have often taken occasion to remark that next to the Church, the Mixed Courts are the most successful institution in history.”
The Arab League as a Regional Arrangement
Authors: Khadduri Majid
Published: April 2006

The Arab countries long ago aspired to form some kind of union and the movement towards that ideal came to be known as Pan-Arabism. The roots of the movement go back to the time when the various nationalities of the Ottoman Empire rose in revolt against Turkish domination and aimed at eventual separation from Ottoman sovereignty. Some of the Arab countries actually defied Turkish authority and were separated, at least for a definite period of time, from the Ottoman body politic: such were the Arabian Peninsula under the Wahhabis and Egypt under Mohammed Ali.
The Thirty-First Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

The International Court of Justice had a relatively busy year in 1952. The judges were in continuous session at The Hague from May 5 to August 27,1952; judgments were given in the Anibatielos Case between Greece and the United Kingdom (on a preliminary objection), in the Anglo-Iranian Oil Company Case between the United Kingdom and Iran (on a preliminary objection), and in the Case Concerning Bights of Nationals of the United States of America in Morocco between France and the United States. At the end of the year three cases were pending: the Amhatielos Case, the Minquiers and Ecrehos Case between the United Kingdom and France, and the Notteiohm Case between Liechtenstein and Guatemala.
Analysis of the Terms “Treaty” and “International Agreement” for Purposes of Registration Under Article 102 of the United Nations Charter
Authors: Brandon Michael
Published: April 2006

The implementation of Article 18 of the Covenant of the League of Nations, which was designed to usher in a new era of open diplomacy, may be regarded as one of the more successful achievements of that organization. This fact may be evidenced by the decision of the drafters of the Charter of the United Nations to continue the practice of registration and publication of treaties which had been developed under the aegis of the League. The delegates at San Francisco, in setting up a new system to regulate this practice, were concerned, among other things, to avoid the difficulties which had arisen in connection with the interpretation of Article 18 generally, and in particular with the interpretation of the terms “ treaty”and “ international engagement” which appear therein. Article 102 of the Charter, which reads as follows, was the result of their efforts:
The Order of the International Court of Justice in the Anglo-Iranian Oil Company Case
Authors: Fenwick Charles G.
Published: April 2006

The order of the International Court of Justice, under date of July 5, 1951, in the Anglo-Iranian Oil Company Case, has raised a number of interesting questions of law and procedure in respect to which there appears to be considerable controversy.
The Legal Position of Tibet
Authors: Alexandrowicz-Alexander Charles Henry
Published: April 2006

Tibet has recently been invaded by Communist China and deprived of independence. The Mao Tse-Tung government justifies the invasion by China’s claim to suzerainty over Tibet, though the latter, before finally disappearing from the international scene, had again and again denied that she was still a vassal of China.
The Geneva Conventions of 1949
Authors: Yingling Raymund T. , Ginnane Robert W.
Published: April 2006

The Diplomatic Conference for the Establishment of International Conventions for the Protection of War Victims was convened by the Swiss Government and met at Geneva from April 21 to August 12, 1949. Sixty-three governments were represented at the Conference, fifty-nine of whom had full voting powers, while the remaining four attended as observers.
New States in the Indian Realm
Authors: Fifield Russell H.
Published: April 2006

The rise of new states in the Indian realm is an outstanding development of the postwar era. India, Pakistan, Burma, and Ceylon have gained independence, and Nepal in the Himalayas is emerging from isolation. The United Kingdom, the United States, and the Soviet Union have extended diplomatic recognition to some or all of the five states of the Indian realm. India, Pakistan, and Burma are now Members of the United Nations, but the applications of Ceylon and Nepal have been vetoed by the Soviet Union. Another consequence of the emergence of new states in the Indian realm is the creation of complex international boundaries with subsequent territorial disputes for the agenda of the Security Council of the United Nations.
An Innovation in International Arbitral Tribunals–The Swiss–Allied Accord
Authors: King Nat B.
Published: April 2006

Private property of enemies lost its absolute inviolability when at the end of World War I it was subjected to the claims of Allied nationals against Germany. After World War II enemy exterior assets became the object of reparations at the Potsdam Conference between the Governments of the United States, the Union of Soviet Socialist Eepublics, and the United Kingdom. To implement the Potsdam Agreement the Allied Control Council for Germany on October 30, 1945, enacted Law No. 5 which, inter alia, purported to vest in the Council title to German private assets in the neutral countries. In Switzerland this action eventually culminated in the Swiss-Allied Accord of May 25,1946, between France, the United Kingdom, the United States, and Switzerland, which provided for the liquidation of German property in Switzerland4 valued at approximately 150 million dollars. The proceeds of liquidation are to go fifty percent to Switzerland and fifty percent to the several governments signatory to the Paris Reparations Agreement of December 21, 1945.
The Korean Repatriation Problem and International Law
Authors: Mayda Jaro
Published: April 2006

The problems raised by the unwillingness en masse of the North Korean and Chinese prisoners of war to be repatriated in accord with the rights given them under the 1949 Geneva Convention, present, in a revealing perspective, the test to which the Korean conflict has put positive international law. Apart from the final solution, which is based on a United Nations resolution grounded in valid international law, the attitude of both sides throughout the Pan Mun Jom negotiations raised quite sharply several questions. Standing out among them was, on the side of the United Nations, the policy question of confidence in, and application of, international law, and the legal question of its dynamic interpretation and adjustment. More generally and, in part, de lege ferenda, the ideological basis of the war prisoner issue raised a fundamental question of values, and added a new dimension to one of the central foci in the modern development of international law: the rights of individuals, per se and in their relations to the rights of states. Viewed from this standpoint, the prominence of the prisoner-of-war question in the armistice negotiations looks much less incidental or opportunistic than some current commentaries may have made it seem.
Colonial Clauses and Federal Clauses in United Nations Multilateral Instruments
Authors: Liang Yuen-li
Published: April 2006

The question of including in an international multilateral instrument provisions defining the application of the instrument to the dependent territories of the contracting states has been a controversial subject in the United Nations. Such provisions, generally known as “colonial clauses,” may take one of three forms. They may provide for the optional application of an instrument to the dependent territories of the contracting states, so that the instrument does not apply to the dependent territories of any contracting state unless the latter chooses to extend the application of the instrument to all or any of its dependent territories. On the other hand, they may provide for the optional exclusion from the application of the instrument of the dependent territories of the contracting states, so that the instrument applies to the dependent territories unless a contracting state chooses to exclude from the application of the instrument all or any of its dependent territories. A third type of colonial clauses may provide for the automatic application of the instrument to the dependent territories of all contracting states. However, there are instruments, notably the Convention on the Privileges and Immunities of the United Nations, which do not contain any reference at all with respect to their application to dependent territories. In such cases, the general rule seems to be that, subject to express or implied provisions to the contrary, the instruments apply to all the territories of the contracting states, including their dependent territories. The following is an account of the developments in connection with several multilateral instruments considered by the General Assembly of the United Nations or concluded under the auspices of the United Nations.
Cold War Propaganda
Authors: Whitton John B.
Published: April 2006

Coincident with the outbreak of the “cold war” the Soviet Union began a series of propagandistic attacks on the United States, its leaders and its policies, using every medium of communication for this purpose, but with special emphasis on radio propaganda. For some time the United States Government suffered these attacks to go unanswered, but in February, 1947, the “Voice of America” began to include among its other foreign programs regular broadcasts in Russian to the Soviet Union. At first these programs were confined almost entirely to music and straight news reports, but gradually more and more time was devoted to answering Soviet attacks considered hostile to the United States or harmful to its national interests.

In retaliation Moscow, on April 24, 1949, embarked on a vast effort to jam the American programs, and is at present devoting over 1000 broadcasting stations to this single purpose. The American Government protested through diplomatic channels and to the International Telecommunications Union against this jamming campaign. Furthermore, jamming was condemned by the United Nations Sub-Commission on Freedom of Information and of the Press at its Montevideo meeting in May, 1950, as a violation of accepted principles of freedom of information. Also, the Economic and Social Council, at its eleventh session, held in Geneva during the summer of 1950, adopted a resolution recommending to the General Assembly that it call on all Members to refrain from jamming.
War Reprisals in the War Crimes Trials and in the Geneva Conventions of 1949
Authors: Albrecht A . R.
Published: April 2006

The war crimes trials following the second World War and the Geneva Conventions of 1949 have posed a question about war reprisals which is likely to be important in any future war and which has immediate practical significance in the current wars in Asia. On the one hand, the trials have transformed the previously sketchy rules on reprisals into a more comprehensive and elaborate system of control. On the other hand, the Geneva Conventions have provided for almost the complete abolition of reprisals in the very area for which the rules of control were formulated. Moreover, the conventions remain unratified by many of the major Powers, of which at least one has already demonstrated its inability to observe the abolition of reprisals. The core of the problem concerns reprisals against civilian persons in occupied territories, for this was by far the most significant point in the trials on reprisals and was the subject of the most outstanding innovation introduced by the Geneva Conventions. Nevertheless, the issues raised by the contradiction between the trials and the conventions cannot properly be discussed without reference to the general theory of war reprisals.
The American Society of International Law 1906–1956
Authors: Finch George A.
Published: April 2006

The founding fifty years ago of a society to promote the establishment of international relations on the basis of law and justice was a step marking the progress that had been made at the beginning of the century in the age-long efforts to find a means of substituting reason for force in the settlement of international controversies. At that time arbitration was generally regarded as the most suitable and acceptable substitute for war. Great Britain and the United States had both heavily contributed to that conviction first by submitting to arbitration under the Jay Treaty of 1794
the numerous misunderstandings that developed in carrying out the provisions of the Peace Treaty of 1783, and then three-quarters of a century later in submitting to arbitration by the Treaty of Washington of 1871 the dangerous Alabama Claims dispute following the American Civil War.
Some Observations on the Current Status of the Tate Letter
Authors: Drachsler Leo M.
Published: April 2006

Opportunity to drive a significant salient, spearheaded by a specific implementation of the Tate Letter into the stubbornly resisting domain of sovereign immunity, was presented recently to both the State Department and the New York Supreme Court in Weilamann and McCloskey (Sheriff of City of New York) v. The Chase Manhattan Bank. Bank accounts of the State Bank and the Bank for Foreign Trade of the U.S.S.R., maintained in the Chase Manhattan Bank, had been attached by the New York City Sheriff in an action by Mrs. Weilamann, owner of Soviet state bonds in default. The party defendant, the Soviet Union, though served with process, did not appear in the main action, or directly enter a plea of immunity. In a further action in aid of the warrant of attachment, for a judgment directing the Chase Manhattan to turn over the moneys in these accounts to the Sheriff, pursuant to the warrant (the bank having refused to turn over the moneys to the Sheriff on the ground that it was not indebted to the U.S.S.R., but did owe balances to the two Soviet banks), the complaint was dismissed on the ground that the State Department's letter of interest suggesting immunity of the U.S.S.R. from attachment must be honored.
The Thirty-Fifth Year of the World Court
Authors: Hudson Manley O.
Published: April 2006

During the year 1956, the International Court of Justice gave two Advisory Opinions to assist in the work of the United Nations. On June 1, 1956, it met a request from the General Assembly for an opinion on the Admissibility of Hearings of Petitioners by the Committee on South West Africa. On October 23, 1956, it responded to a request from the Educational, Scientific and Cultural Organization of the United Nations by giving an opinion on the Judgments of the Administrative Tribunal of the International Labour Organisation upon Complaints Made Against the United Nations Educational, Scientific and Cultural Organization. It also gave a series of orders, some of which denied the jurisdiction of the Court.
The Rôle of Adjudication in International River Disputes
Authors: Laylin John G. , Bianchi Rinaldo L.
Published: April 2006

There are some who say that adjudication has no role to play in the settlement of disputes over the uses of waters of international rivers. One author writes:

Should independent nations ever be so poorly advised as to submit one of their rivers to litigation in a world court, they will have started down the tortuous road, from which there may be no return….
The Use of Waters of International Drainage Basins Under Customary International Law
Authors: Griffin William L.
Published: April 2006

Well over one hundred treaties which have governed or today govern water uses in international drainage basins have been entered into all over the world. These treaties, and the negotiations leading to them, indicate that there are principles limiting the power of states to use such waters without regard to injurious effects on co-riparians.
On Saving International Law from its Friends
Authors: Oliver Covey T.
Published: April 2006

As Thurman Arnold pointed out some years ago in Symbols of Government, those who attack either men or institutions on counts of irrationality or ineffectiveness are immediately met by the rejection-reactions of those attacked.
The New International Law of Alejandro Alvarez
Authors: Samore William
Published: April 2006

The critics of public international law are legion. Some have decried its primitiveness. Others have denied even its existence. A few have expounded the need for a renovation, an entirely new approach, a new international law.
The Act of State Doctrine
Authors: Zander Michael
Published: April 2006

It is proposed in the present paper to examine the act of state doctrine enunciated in the dictum of Chief Justice Fuller in Underhill v. Hernandez that

Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.
“Peaceful Co-Existence” and Soviet-Western International Law
Authors: McWhinney Edward
Published: April 2006

In his address to the 22nd Congress of the Communist Party on October 17, 1961, Premier Khrushchev assured his listeners that the principles of peaceful co-existence, whose source he attributed to Lenin, had “always been the central feature of Soviet foreign policy”.
The International Conference on the Settlement of the Laotian Question and the Geneva Agreements of 1962
Authors: Czyzak John J. , Salans Carl F.
Published: April 2006

On July 23, 1962, the International Conference on the Settlement of the Laotian Question in Geneva came to a close with the formal signature of a Declaration on the Neutrality of Laos and a Protocol to the Declaration.
Commonwealth Citizenship and Common Status
Authors: Wilson Robert R. , Clute Robert B.
Published: April 2006

The transformation of the British Empire has affected in a striking manner relationships of the former Empire’s people with respect to their nationality.
The Legal Status of Formosa: A Study of British, Chinese and Indian Views
Authors: Jain J. P.
Published: April 2006

Formosa (Taiwan) and the Pescadores (Penghu) were Chinese territory for several centuries before they were ceded to Japan by the Treaty of Shimonoseki of April 18, 1895.
The Powers of Investigation of the United
Nations Security Council
Authors: Kerley Ernest L.
Published: April 2006

When the Security Council of the United
Nations investigates an event or situation at the
scene, it establishes a credible factual basis for
its consideration of the situation, and the
situation itself may be stabilized by the presence
of the investigators. These important benefits may
involve concomitant difficulties for the state in
whose territory the investigation occurs, since
the presence of international investigators may be
conceived of as a limitation of its sovereignty.
Objections may also arise from states seeking to
obscure the realities of the situation being
investigated, or from states which resist as a
matter of principle any functions of international
organizations which appear to derogate from state
sovereignty.
Some Legal Implications of the U-2 and RB-47 Incidents
Authors: Lissitzyn Oliver J.
Published: April 2006

The purpose of this comment is not to pass legal or political judgment on the actions of the governments involved in the U-2 and the RB-47 incidents of 1960, but to note and analyze, now that the passions aroused by the incidents have subsided, some of the legal implications of the positions taken by these and other governments in connection with these incidents, particularly with respect to sovereignty and jurisdiction in space.
The Charter of the Organization of African Unity
Authors: Elias T. O.
Published: April 2006

Early in 1961, the President of Liberia, the Prime Minister of Nigeria, and the Prime Minister of Sierra Leone decided to act as joint sponsors of a conference of the leaders of all the independent African states for the purpose of promoting inter-African co-operation. Liberia, as the the oldest of the three sponsoring states, graciously offered to play host. The idea was that all the African states that were independent at that time were ipso facto eligible for membership of the conference. This conference would include the small group of independent African states, usually referred to as the Casablanca bloc, consisting of the United Arab Republic, Ghana, Guinea, Mali and Morocco. This group had signed the Casablanca Charter which was a brief document setting out the aims and purposes of the organization, among which were schemes of economic and social co-operation and the establishment of an African High Command for the purpose of self-defense of its members as well as for that of ridding the continent of Africa of all forms of colonialism. When, therefore, the decision was taken by the three sponsoring states to call a Pan-African conference, it was envisaged that all the then independent states in Africa, including the so-called Casablanca bloc states, would attend and take a full part in its deliberations.
Arbitration and the Exhaustion of Local Remedies
Authors: Schwebel Stephen M. , Wetter J. Gillis
Published: April 2006

Where a state and an alien agree in a contract to arbitrate disputes relating to the contract, in terms which indicate that arbitration is to be the exclusive remedy, need the alien exhaust any other remedy before an international claim may be presented relating to a dispute which falls within the scope of the arbitration clause ?
The Proposed International Commission for the Conservation of Atlantic Tunas
Authors: Carroz J. E. , Roche A. G.
Published: April 2006

A Conference of plenipotentiaries, convened by the Food and Agriculture Organization of the United Nations (FAO), met in Rio de Janeiro from May 2 to 14,1966, to consider the rational utilization of tuna resources in the Atlantic Ocean. The Conference had before it a draft convention which had been drawn up by an FAO Working Party of government representatives, and adopted and opened for signature an International Convention for the Conservation of Atlantic Tunas which provides for the establishment of a new fishery commission. As the subject of intergovernmental fishery bodies is one which has been somewhat neglected by international lawyers, the purpose of this article is to examine the constitutional and legal characteristics of the proposed Commission in the context of the numerous other intergovernmental fishery bodies already in operation.
The Legal Regime of Russian Territorial Waters
Authors: Butler William E.
Published: April 2006

Several elements have interacted to influence the course and pattern of the boundaries and the regime of Soviet territorial waters. The foremost of these is national security. All of the seas bordering the U.S.S.R. have narrow entrances which can be commanded easily by hostile foreign Powers. During the Russian Revolution and subsequent Civil War, German vessels and, after the War, Allied vessels in the Baltic and the Dardanelles restricted to an uncomfortable extent the freedom of action of the Soviet Government. Soviet weakness in the Baltic theater was a major factor in determining Soviet policy towards Finland and the Baltic states during the 1939-1941 period, and the proximity of NATO naval forces to the Baltic continues to provoke Soviet proposals to close the sea to noncoastal Powers. Similarly, the U.S.S.R. was compelled to endure Turkish violations of the Montreux Convention on the Turkish Straits during World War II while its Black Sea fleet was immobilized. The Pacific coast seas and the Atlantic and Pacific approaches to the Arctic seas are also susceptible to a blockade by hostile Powers. Even the Arctic seas themselves, once regarded as an unguarded but impregnable frozen boundary, have become unexpectedly vulnerable with the development of nuclear submarines.
Communist China’s Attitude Toward International Law
Authors: Chiu Hungdah
Published: April 2006

Despite the growing interest in Chinese studies in this country, little, if any, attention has been paid to the study of Communist China’s view of international law. Some persons may feel that Communist China, as a Socialist country, cannot do other than to adhere to the Soviet concept of international law or that of Socialist countries in general. There may be some truth in this view, but it does not disclose the whole picture. Communist China does accept many principles of international law proclaimed or applied by the Soviet Union or by Soviet jurists, but in view of the growing differences of views between the two countries in handling many international problems and in conducting the international Communist movement, it is reasonable to infer that Communist China may have developed different views toward international law in some aspects. In this connection, it may be noted tha Wu Tê-feng, a prominent jurist in Communist China and President of the China Political Science and Law Association, not long ago severely criticized the Soviet concept of international law in a report delivered on October 8, 1964, to the general meeting of the Association.
United States Courts
Authors: Stevenson John R.
Published: April 2006

Wacker V. Bisson. 348 P. 2d 602.

U.S. Ct. App., 5th Cir., June 23,1965.

The appellant, J. Samuel Wacker, awaiting extradition to Canada, brings this off-beat declaratory judgment action attacking the validity of an unappealable extradition order. Since Wacker is in custody, he might just as well have cast the action in the form of an application for habeas corpus. Wacker, however, has twice tried that approach without success. In the complaint and on appeal, the plaintiff advances on all fronts, attacking the constitutionality of numerous international treaties anil conventions, challenging the extradition statute (as written and as applied), and making other contentions based on all possible, and some impossible, reasons for the invalidity of the extradition. Wacker names as defendant the Consul General of Canada, the demanding state. The District Court dismissed the complaint for lack of jurisdiction over the subject matter and over the person of the defendant. We reverse and remand, taking the view that the District Court has jurisdiction under the Declaratory Judgment Act, 28 U.S.C. §2201 ff., to review collaterally the validity of the extradition proceeding.
Republic of China Courts: Public International Law Case Notes
Authors: Stevenson John R.
Published: April 2006

Public Prosecutor V. Wang Min-tao and Sung Chen-wu.

District Court of Taipei, Nov. 8,1965. File No.: 54th Year, Shu—2107.

The defendants were Chinese nationals doing business in Seoul, Korea. On July 8, 1965, they led a number of Chinese nationals to the Chinese Embassy protesting the Embassy’s sale of some lands to Koreans. After having forcibly entered the Embassy, they led those Chinese in destroying the Embassy’s gate and furniture. They were arrested by Korean police and later handed over to Chinese authorities in Taiwan. They were prosecuted for interference with public functions and were sentenced to four and three years’ imprisonment, respectively, in accordance with Article 136 of the Chinese Criminal Code.
The Act of State Doctrine Judicial Deference or Abstention
Authors: Delson Robert
Published: April 2006

Notwithstanding a letter by the Legal Adviser of the State Department suggesting that the act of state doctrine should not be applied to bar consideration of the defendant's counterclaim and set-off arising out of the expropriation of the defendant's property by the Cuban Government, the U.S. Court of Appeals for the Second Circuit in Banco National de Cuba v. First National City Bank of New York1 applied the doctrine and refused to review the merits of the counterclaim and set–off.
Due Process of Law Before the European Court of Human Rights: The Secret Deliberation
Authors: Nadelmann Kurt H.
Published: April 2006

“Secrecy of the deliberation,” a term of art used widely in court procedure, is neither a universal principle nor one with a single meaning. Continuing an old Germanic tradition, courts in some Swiss cantons, as well as the Federal Court in Lausanne, deliberate in the presence of the parties. In most of the Western world, including the common law countries, Latin mAmerica, and Scandinavia, the principle of secret deliberations is accepted but does not cover the vote, that is, the position taken byeach judge. In all six Common Market states, however, the vote is secret and the individual judge is under an obligation not to reveal his position. Originally adopted under the regime of absolute government to protect the independence of the judge, this extended secrecy has come under attack recently, especially when applied to constitutional litigation. Legislation enacted in the German Federal Republic in December, 1970, giving members ofthe Federal Constitutional Court the right to reveal their vote, may be the precursor of changes in this matter.
The Convention on the Non-Applicability of Statutory Limitations to War
Crimes and Crimes Against Humanity
Authors: Miller Robert H.
Published: April 2006

A quarter of a century has now elapsed since the end of World War II.
During that time concerted efforts have been made to bring to justice those
responsible for the appalling atrocities committed in the name of the Nazi
forces. While many of the principal authors of war crimes have been
punished, some of them are known to be still at large. Either by managing to
escape detection or by fleeing to a country of haven, they have successfully
avoided prosecution and punishment. In other cases 1 judicial proceedings
have not yet been completed against persons suspected of war crimes or
crimes against humanity.
The Insurer and the Insured Under International Claims Law
Authors: Meron Theodor
Published: April 2006

The object of this article is to examine the role of insurance in international claims,and in particular the relationship of subrogation to the traditional rules of diplomatic protection and nationality of claims. Among the questions to be examined is that of locus standi of insurers in international claims (meaning in this context the standing of a state to present a claim of an insurer to an international tribunal, or to espouse it through diplomatic channels), the nationality of the insurers in relation to that of the insured, and the effect upon an international claim of payment by insurers possessing the nationality of State A to victims of an international wrong possessing the nationality of either State A or of State B. Can State C, which has caused the injury in circumstances involving its international responsibility towards State B, invoke the performance of the insurance contracts, in accordance with which the payments have been made, to deny its responsibility on the ground that the rules of nationality of claims have not been respected? If the insurers have covered the damage suffered in part only, would the quantum of the claim be affected&
Developments in the Law and Institutions of International Economic Relations
Authors: Gold Joseph
Published: April 2006

[Ed. Note: Since World War II the administration of international monetary, financial, and commodity agreements has been performed by institutions operating on weighted voting principles, the weight dependent largely on the stake of various countries in the assetsdisposed of through the agreement. There is much discussion now concerning the adoption of such a system for the trade field, perhaps through amendment of the GATT, or in codesof trade liberalization among developed countries. Mr. Gold's article, relating the limitations and problems attendant upon the operation of the weighted voting system in the International Monetary Ftmd, is therefore particularly timely. Stanley D. Metzger.]
Individual Applications Under the European convention on Human Rights and the Concept of Administrative Practice: The Donnelly Case
Authors: Boyle Kevin , Hannum Hurst
Published: April 2006

The most distinctive feature of the European Convention on Human Rights is the optional procedure under Article 25, whereby an individual claiming to be a victim of a violation of one of the rights guaranteed by the Convention may present a complaint against his own (or another) government to the European Commission of Human Rights for investigation. Thus the individual is given direct access to an international tribunal and is recognized as having the standing necessary to pursue his rights under international law.
The 1975 Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character
Authors: Fennessy J. G.
Published: April 2006

The United Nations Conference on the Representation of States in their Relations with International Organizations, held in Vienna from February 4 to March 14, 1975, adopted by a vote of 57 in favor to one against, with fifteen abstentions, a new international convention governing the status and functions of missions and delegations of states to international organizations and conferences.
The Legal Validity of Ultra Vires Decisions of International Organizations
Authors: Osieke Ebere
Published: April 2006

The question of the legal validity of the acts and decisions adopted by international organizations in excess of their authority has attracted the attention of international lawyers, as well as international courts and tribunals, in recent years. However, no general principles or criteria for determining such validity have as yet been formulated by the international community. In the meantime, the question has continued to give rise to controversy within and outside international organizations and to gain in importance, because of persistent procedural irregularities and the increasing tendency of some of the organizations to take measures that are not expressly provided for in their constitutive instruments but that they consider necessary or essential for the effective discharge of their mandates.
Participation of the European Economic Community in a New Law of the Sea Convention
Authors: Koers Albert W.
Published: April 2006

Although it is not yet clear whether the Third United Nations Conference on the Law of the Sea (UNCLOS III) will succeed in its task of adopting a “convention dealing with all matters relating to the law of the sea,” the drafters of the Informal Composite Negotiating Text (ICNT) produced at the conference’s sixth session decided to incorporate proposals on the final clauses of a future convention in the ICNT. Indeed, even if the conference were to reach consensus overnight on all outstanding substantive issues, problems relating to these final clauses could easily delay—or even jeopardize—the adoption of a new convention: they involve, after all, very complex political and legal questions. It is therefore only right that the conference agreed not to leave these problems to the very end of the negotiating process.
The Strait of Tiran, the Gulf of Aqaba, and the 1979 Treaty of Peace between Egypt and Israel
Authors: Lapidoth Ruth
Published: April 2006

The July 1982 issue of this Journal (pp. 532-54) published an article written by Professor Mohamed ElBaradei, The Egyptian-Israeli Peace Treaty and Access to the GulfofAqaba: A New Legal Regime, in which he gives a contextual interpretation and evaluation of the regime laid down by Article V(2) of the Treaty of Peace. Article V(2) reads:

The Parties consider the Strait of Tiran and the Gulf of Aqaba to be international waterways open to all nations for unimpeded and non-suspendable freedom of navigation and overflight. The Parties will respect each other's right to navigation and overflight for access to either country through the Strait of Tiran and the GulfofAqaba.
The Multilateral Supervision of International Trade: Has the Textiles Experiment Worked?
Authors: Perlow Gary H.
Published: April 2006

The largest industry in the United States, India, Austria, Pakistan, Hong Kong, South Korea, and Portugal, among others, is the textile and clothing industry. And perhaps in no other sector of postwar trade, save agriculture, have such persistent cries for protection been raised. Trade in textiles has demanded and received special treatment from national and international authorities since the late 1950’s. It is against this backdrop that some of the more important developments in the international regulation of commercial activities have occurred.
Norm Making and Supervision in International Human Rights: Reflections on Institutional Order
Authors: Meron Theodor
Published: April 2006

One of the characteristic phenomena of contemporary international life is the proliferation of human rights instruments and systems of supervision. In addition to the Charter of the United Nations and comprehensive global conventions such as the International Covenant on Economic, Social and Cultural Rights (Economic Covenant) and the International Covenant on Civil and Political Rights (Political Covenant), instruments have been adopted within the United Nations or the specialized agencies to govern particular aspects of human rights (e.g., racial discrimination, rights of women) and within regional organizations (e.g., the Council of Europe, the Organization of American States) to govern both general and particular aspects of human rights. In the United Nations, the general practice has been for each normative instrument to create its own system of supervision whenever such systems have been established. Typically, each organ of supervision applies only the norms adopted in the specific “founding” instrument, rather than the entire corpus juris of international human rights or even all of the instruments comprising the International Bill of Human Rights, i.e., the Universal Declaration of Human Rights (Universal Declaration), the Economic Covenant, the Political Covenant, and the Optional Protocol to the International Covenant on Civil and Political Rights. This proliferation of normative instruments and systems of supervision, which is similar to the proliferation that has given rise to difficult questions of coordination within and between international organizations in the fields of budget, programming, and administration, has led to overlapping jurisdiction and even to conflicts between the legislative and supervisory competence, or claims of competence, of various international bodies. The object of this article is not to compile or map out all the possible conflict areas or to undertake a detailed analysis of the conflicts, whether real or imaginary. Its more modest purpose is to present a broad panorama of the problems, directions, and policy. These matters merit attention, even though political and institutional reasons may make major reforms impossible for the time being. The questions to be discussed are relevant to three major fields of international law: treaties, human rights, and international organizations. While substantive problems of “legislation” or norm making are closely related to problems of supervision or implementation, normative problems will be focused upon first, and problems of supervision second.