bluuebunny/crossref_metadata_2025 huggingface dataset:
Contemporary Practice of the United States Relating to International Law
Authors: Myers Denys P.
Published: April 2006

Editor’s Note: Through the generosity of The International Law Fund, the American Journal Of International Law is able to undertake, on an experimental basis, a new section devoted to Contemporary Practice of the United States relating to International Law.
Foreign Nationalizations
Authors: Domke Martin
Published: April 2006

Nationalization of foreign property and deprivation of contractual rights have again achieved prominence through measures in Iran, Egypt, Indonesia, and, more recently, in Cuba. The end of certain regimes often brings with it changes in political and social conditions. And yet recognition of acquired rights is the principal basis of intercourse in economic relations, as recognized by the law of civilized nations. International law, far from being an outgrowth of only Western concepts, is indeed an expression of fundamental principles embodied in long established legal systems throughout the world. Islamic law, for instance, which is of real significance for one sixth of the world population, in the Middle East, Pakistan, Southeast Asia and parts of Africa, clearly embodies the universal maxim of the protection of acquired rights.

An anomalous situation arises where governments desire foreign investments while at the same time rights in property and contractual relations are threatened and even destroyed. The Brazilian Judge Levi Carneiro said in the Anglo-Iranian Oil Co. Case:

When there are so many countries in need of foreign capital for the development of their economy, it would not only be unjust, it would be a grave mistake to expose such capital, without restriction or guarantee, to the hazards of the legislation of countries in which such capital has been invested.
Contemporary Practice of the United States Relating to International Law
Authors: Myers Denys P.
Published: April 2006

The Senate on March 16, 1961, by a vote of 72 to 18, advised and consented to the ratification of the Convention on the Organization for Economic Cooperation and Development and its three protocols signed at Paris December 14, 1960. The Organization is a consultative forum capable of initiating agreements on the use and development of economic resources, on removing obstacles to trade and current payments, on liberalization of capital movements, on the flow of capital to less developed countries. The 20 signatories are the industrialized states of Europe, Canada and the United States. A vociferous opposition to the convention by interests that erroneously thought it might reduce tariffs was heard by the Senate Committee on Foreign Relations. Whether on that account or because they realized the importance of the convention itself, members of that committee in two executive sessions carefully probed official spokesmen to satisfy themselves that the convention did not affect the powers of the President or Congress. As a consequence, the resolution approving the convention took this unusual form:

Having regard to and in reliance on the statement in the letter of January 16, 1961, from Secretary of State Herter to President Eisenhower and transmitted by him to the Senate on January 17, 1961, that “the U. S. representative will not have any additional powers in substantive matters to bind the United States after the convention enters into force than now exist in the Executive, but that any act of the Organization outside the power of the Executive will require action by Congress or the Senate, as the case may be, before the United States can be bound,” and having regard to and in reliance on the testimony of Secretary of the Treasury Dillon and Under Secretary of State Ball in behalf of the administration, and having regard to and in reliance on the Opinion of the Legal Adviser of the Department of State dated March 6, 1961, and quoted in the committee report of this convention:

Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on the Organization for Economic Cooperation and Development, together with two protocols relating thereto, signed at Paris on December 14, 1960, by representatives of the United States of America, Canada, and the 18 member countries of the Organization for European Economic Cooperation (Executive E, 87th Congress, 1st session), with the interpretation and explanation of the intent of the Senate that nothing in the convention, or the advice and consent of the Senate to the ratification thereof, confers any power on the Executive to bind the United States in substantive matters beyond what the Executive now has, or to bind the United States without compliance with applicable procedures imposed by domestic law, or confers any power on the Congress to take action in fields previously beyond the authority of Congress, or limits Congress in the exercise of any power it now has.
India’s Policy of Recognition of States and Governments
Authors: Misra K. P.
Published: April 2006

In this study of India’s recognition policy the cases of China, Israel, Spain, and Vietnam have been singled out. The reason for selecting these four cases is that they have been a subject of controversy either in India or in the world outside India. It is hoped that the cases might afford a fairly good glimpse of India’s general policy of recognition. The plan is to discuss these cases separately in the general context of India’s relationship with each of these countries, a method that is more likely than any other to help the reader appreciate her policy. Toward the end of the paper a brief statement of general principles of India’s policy is given by way of conclusion.
The Shimoda Case: A Legal Appraisal of the Atomic Attacks upon Hiroshima and Nagasaki
Authors: Falk Richard A.
Published: April 2006

In May of 1955 five individuals instituted a legal action against the Japanese Government to recover damages for injuries allegedly sustained as a consequence of the atomic bombings of Hiroshima and Nagasaki in the closing days of World War II. On December 7, 1963, the twenty-second anniversary of the surprise attack by Japan upon Pearl Harbor, the District Court of Tokyo delivered its lengthy decision in the case. The decision has been translated into English and reprinted in full in The Japanese Annual of International Law for 1964. This enables an accounting of this singular attempt by a court of law to wrestle with the special legal problems arising from recourse to atomic warfare.
Act of State and Department of State: First National City Bank v. Banco Nacional De Cuba
Authors: Lowenfeld Andreas F.
Published: April 2006

No recent issue has so divided lawyers and writers in the field of international law as the question whether courts of one nation should sit in judgment on the acts of other nations with respect to foreign held property—sometimes, always, or never. The United States Supreme Court in Banco Nacional de Cubav. Sabbatinosaid the answer was never—or at least hardly ever—thus upholding and reaffirming the “act of state doctrine”. The Congress in the Hickenlooper (or Sabbatino) Amendmentmade an effort to reverse that ruling, an effort that has proved largely unsuccessful. Now the State Department has taken its turn, arguing in a formal communication to the Supreme Court that when it perceives no objection to adjudication on foreign policy grounds, the courts should judge the validity of the foreign nation's acts under international law standards—at least as to counterclaims.
The Jurisprudence of the Foreign Claims Settlement Commission: Chinese Claims
Authors: Redick Charles Ford
Published: April 2006

Before the Peoples Republic of China [PRC] was officially proclaimed on September 21, 1949, the Central Committee of the Chinese Communist Party had proclaimed that the acts and foreign agreements of the Republic of China which resulted in the exploitation of China by foreigners were “completely contrary to the will of the Chinese people” and would not be honored. Although certain actions by the Chinese Communists indicated as early as February, 1949 that property owned by the U.S. Government and its nationals would be treated unfavorably by the new regime, no concerted steps were taken by the PRC against U.S. property until the United States had already placed an “embargo” on American trade with China. Only after Chinese troops had entered Korea and the U.S. Government had blocked and frozen all Chinese assets within its jurisdiction did the PRC freeze all public and private property of the United States in the PRC and order that an inventory of it be made. The PRC “assumed control of all U.S. property in China under a decree issued on December 29, 1950. ”
United Nations Peacekeeping and Host State Consent
Authors: Garvey Jack Israel
Published: April 2006

In the evolution of United Nations peacekeeping, the United. Nations Emergency Force, which was created in 1956 and withdrawn from the Middle East in 1967, is of special importance. The UNEF is now the archetype for peacekeeping based on the “consent” of the state on whose territory a United Nations force is stationed; and this concept of consent has become the central characteristic of United Nations peacekeeping. It has been the heart of the peacekeeping capacity that has devolved on the General Assembly acting through its “Uniting for Peace” procedure, and it has been a primary element in the legal and political foundation of peacekeeping forces authorized on the basis of Security Council resolutions.
Co-Operation for Development in the Lower Mekong Basin
Authors: Wheeler Virginia Morsey
Published: April 2006

As recently as the beginning of this century, there was little correlated development of water resources; each use was implemented separately without regard to possible conflict with other uses and sometimes to the detriment of other basin states. When technological advances increased the benefits possible from multipurpose projects and spurred planning and utilization of water resources, it became clear that optimum development required a basin-wide approach. Most basin-wide planning and execution, however, have been in national, as opposed to international, basins, such as the Tennessee (U.S.), the Damodar (India), the São Francisco (Brazil), the Cauca (Colombia), the Volta (Ghana) and the Snowy Mountains (Australia). When a river basin crosses international boundaries, unified planning and development have been more difficult to achieve. Often the approach has been piecemeal, with treaties providing for specific projects at designated sites, covering some but not all potential uses, or including only a portion of a river basin. In some instances, political difficulties have made comprehensive co-ordinated development impossible, as in the Jordan basin, or have required a physical division of the rivers, as between India and Pakistan in the Indus basin.
National Jurisdiction and International Responsibility: New Canadian Approaches to International Law
Authors: Gotlieb Allan , Dalfen Charles
Published: April 2006

It is the purpose of this paper to describe Canadian approaches toward international law, as they have evolved in recent years, particularly in relation to activities in outer space and “ocean space” made possible by new technological developments. It is intended to demonstrate both the similarities and the dissimilarities in these new approaches as compared with those followed by Canada in the past. Not within the scope of this study are questions about the validity of a particular point of view expressed by Canada, the extent to which new positions are well founded in the traditional concepts of international law, whether precedents for particular concepts are or are not correctly interpreted by Canada spokesmen and negotiators. What we are setting out to do is to observe and describe new Canadian attitudes toward international law and to evaluate their significance. History has not yet allowed us the privilege of a perspective in time. We plead this defense for the errors we may make in both interpretation and evaluation.
Just Prices in World Markets: Proposals De Lege Ferenda
Authors: Schachter Oscar
Published: April 2006

A conspicuous feature of current demands for a more equitable economic order is the idea of “just prices” or more broadly a just relationship of prices. Although the conception of a just price goes back to medieval philosophy, it has not acquired a generally accepted meaning in either economic or juridical thought and it certainly cannot be regarded as a technical term of art in international economic relations. Yet there is no doubt that the concept of the just price (as well as the closely related notion of a just relationship of prices) expresses political demands that are of considerable importance in the development of new international legal and institutional arrangements. It is particularly interesting to note that the concept which has long played a leading role in the grievances of the poor countries has recently received emphasis in the statements of spokesmen for the industrialized countries faced with the soaring prices of oil and minerals. The idea of linking justice to prices may seem to some to be a vain effort to mingle ethical and economic factors (possibly with overtones of medieval metaphysics) but the political realities cannot be wished away and the demands for fairness and equity in international pricing will have to be faced.
Voting Procedures in United Nations Conferences for the Codification of International Law
Authors: Sohn Louis B.
Published: April 2006

The question of voting procedure in international conferences convoked to codify international law has been discussed for more than a hundred years, starting with the first Geneva Red Cross Conference in 1864. At the Hague Peace Conferences of 1899 and 1907 important departures were made from the unanimity rule in favor of near-unanimity or quasi-unanimity. Further steps toward a two-thirds rule were taken by the League of Nations in connection with the Hague Codification Conference of 1930. The question arose anew when the first United Nations conferences were held, and in particular as soon as the United Nations started its ambitious program for the progressive development of international law and its codification, pursuant to Article 13(1) (a) of the UN Charter.
Autointerpretation, Competence, and the Continuing Validity of Article 2(7) of the UN Charter
Authors: Watson J. S.
Published: April 2006

With the failure of the United Nations to control the use of force by states to the degree that many had wished for, the attention of many commenators shifted to what was hoped would be more fertile ground—the protection of human rights, self-determination, and other areas in which the organization might play a supranational role. In discussing the development of the supranational aspect of the organization, attention is invariably directed to Article 2(7) of the Charter which is, of course, the current symbol of sovereignty. Since most visionaries are frustrated by the concept of sovereignty, it is not surprising that this article has received little sympathy on the part of many who are more concerned with ends than means. Yet it is doubtful whether the concept may be dismissed summarily and, since it plays such a key role in so many of the allegedly developing fields of international law, one would do well to consider how Article 2(7), properly interpreted, affects the legal assumption on which supranationalism is based.
Legal Problems of the German Eastern Treaties
Authors: Arndt Claus
Published: April 2006

During the current political era, which has been marked by the attempts of the two superpowers to abate the economic and political burdens of their intercontinental and other “military build-up” through mutual dialogue (e.g., SALT, MBFR) and to achieve a certain détente in their relationship, a government came to power in the Federal Republic of Germany (FRG) after the 1969 parliamentary elections, whose declared goal was to make its own German contribution to help bring about a relaxation in international tensions, secure the peace in Central Europe, and make life there more tolerable for its inhabitants. The effort was all the more important because Germany was and is the only place on earth where the United States and the Soviet Union face each other directly. Initially, this political goal, securing the peace by relaxing tensions, was effected by the establishment of an extensive system of international treaties, usually between the Federal Republic of Germany on the one side, and the states of Eastern Europe with Communist governments on the other. Only to the extent that Berlin and the rights of the Allied powers of World War II were affected, were the three Western occupying powers (the United States, the United Kingdom, and France) included in the system of treaties, partly by exchanges of notes and partly directly (e.g., the Berlin Quadripartite Agreement).
Military Installations, Structures, and Devices on the Seabed
Authors: Treves Tullio
Published: April 2006

The legal regulation of military objects on the seabed and in general of military uses of the seabed seems to have ceased to attract the attention of the international community since the conclusion in 1971 of the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and Ocean Floor (the Seabed Treaty). Attention now seems to be concentrated on other military uses of the sea, especially those concerning the mobility of naval fleets. This shift in focus is particularly noticeable if one considers the work of the Third United Nations Conference on the Law of the Sea.
Power Sharing in the Law of the Sea
Authors: Allott Philip
Published: April 2006

The United Nations Convention on the Law of the Sea is a fact. It exists. Whether or not it becomes a fully operational treaty-signed, ratified, in force, widely supported, generally followed-it is and will be the cause of significant effects. Its very existence modifies political, economic, and legal relationships in countless ways whose direction and intensity we can predict only in a most speculative way. What we can say in advance is that the effect of the Convention— its own fate as a treaty and its impact on international relations— will substantially depend on how it is perceived.
Functionalism and the Balance of Interests in the Law of the Sea: Cuba’s Role
Authors: Coll Alberto R.
Published: April 2006

How adequate is functionalism as a comprehensive theory of international politics and law? In its classic version, functionalism posits that, as economic and technological interdependence grows, diplomacy and the elaboration of international legal rules will be shaped increasingly by functional concerns and less and less by ideology and “high politics.” While such a trend is evident in some areas of international relations, such as the European Community, it is less so in others. In many negotiations and disputes around the globe, even though the issues may be amenable to a functional approach and resolution, states continue to give great weight to ideological and political considerations in their diplomacy and legal stances. Proponents of functionalism have assumed that the growing tide of functional links and relationships eventually will dominate international relations and render political and ideological conflicts less significant, if not mostly irrelevant. But in many cases, the reverse has happened. International organizations set up for functional purposes have been inundated by political and ideological rivalries, and international legal issues of a functional character have been seized upon by states to advance their ideological and political objectives. Cuba’s policy towards the law of the sea serves as a case study of this problem.
From Sea to Seabed: The Single Maritime Boundary in the Gulf of Maine Case
Authors: Legault L. H. , Hankey Blair
Published: April 2006

Three decisions on maritime boundaries in a period of 9 months during 1984-1985 have doubled the body of case law on the delimitation of ocean space. The cases decided by international tribunals prior to 1984 applied only to the continental shelf. The waters overlying the shelf were either part of the high seas or, if subject to coastal state jurisdiction, were left undivided as between neighboring coastal states. However, two of the decisions rendered last year—the decision by a Chamber of the International Court of Justice in the Gulf of Maine case and the one by an ad hoc arbitral tribunal in the Guinea/Guinea-Bissau case—constituted the first judicial determinations of boundaries that divide jurisdiction over both the continental shelf and the water column beyond the territorial sea. The decision by the International Court of Justice in the Libya/Malta Continental Shelf case represented the fourth in a line of cases delimiting the continental shelf alone.
Some Perspectives on Adjudicating Before the World Court: The Gulf of Maine Case
Authors: Robinson Davis R. , Colson David A. , Rashkow Bruce C.
Published: April 2006

On October 12, 1984, a five-member Chamber of the International Court of Justice rendered its decision in the maritime boundary dispute between the United States and Canada in the Gulf of Maine area. The Chamber delimited the continental shelves and 200-nautical-mile fisheries zones by setting one line between the two countries off the East Coast of North America. The Chamber’s Judgment, which under Article 27 of the Statute of the Court is considered as if it were rendered by the full 15-member Court, is likely to attract considerable comment. We will resist the temptation to add our views to that substantive commentary, leaving analysis for the time being to others not so closely associated with the case.
Developments in Private International Law
Authors: Kearney Richard D.
Published: April 2006

To that small band of faithful followers who are devoted to the unification of private international law, October 9 is a day to be commemorated with fetes and galas replete with jest and jollity. On that splendid day in 1986, the Senate of the United States by a vote of 98-0 gave its advice and consent to the ratification of four private law treaties:

the 1980 International Sales Convention;

the 1980 International Child Abduction Convention;

the 1975 Inter-American Convention on International Commercial Arbitration; and

the 1975 Inter-American Convention on Letters Rogatory with Additional Protocol.
U.S.-USSR Nuclear Arms Negotiations: The Process and the Lawyer
Authors: McNeill John H.
Published: April 2006

The bilateral negotiating process that has been developed to address the central problems of nuclear arms control has evolved to the point that it can be characterized as a proven mechanism for the negotiation of international agreements on these subjects. Even though the process was recently interrupted, and although it by no means represents the only vehicle available for the purpose, history demonstrates that employment of the methodical bilateral process can lead the way, under favorable political conditions, to the resolution of many of the difficult political and technical questions common to the field of nuclear arms control.
Exchange Between Expert Panel and Reagan Administration Officials on Non-Seabed-Mining Provisions of LOS Treaty
Authors: Iklé Fred C.
Published: April 2006

After fifteen years of intensive effort, the nations of the world, with full participation by the United States, produced a comprehensive Convention on the Law of the Sea. In 1982, President Reagan decided that the United States would not become a party to the Convention. But formal abstention from the Convention is hardly a complete national oceans policy for the United States. Indeed, that abstention compels the United States to attend carefully to its posture, in law and policy, toward the Convention itself and to each of its many provisions on matters of major interest to the United States.
The 1984 un Sub-Commission on Prevention of Discrimination and Protection of Minorities
Authors: Garber Larry , O’Connor Courtney M.
Published: April 2006

This past August, the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities welcomed 17 newly elected experts. In part, because of the large number of new members on the Sub-Commission, the session did not produce many major initiatives.
Border and Transborder Armed Actions (Nicaragua v. Honduras), Jurisdiction and Admissibiuty
Authors: Bederman David J.
Published: April 2006

On July 28, 1986, the Republic of Nicaragua filed an application instituting proceedings against the Republic of Honduras in the International Court of Justice. Nicaragua alleged that Honduras had allowed armed bands, known as contras, to operate from its territory to the detriment of Nicaraguan sovereignty, that Honduran military forces had directly participated in attacks on Nicaragua and that the Government of Honduras had given material aid and logistical support to the rebels. Nicaragua requested that the Court declare the acts and omissions of Honduras to be violations of international law and order it to desist from all such activities and to make reparations to Nicaragua. Honduras objected to the jurisdiction of the Court and to the admissibility of the Application. The parties subsequently agreed that the Court should first decide these questions before proceeding to the merits. Relying on the Pact of Bogotá for its jurisdictional rationale, the Court unanimously held: that it had jurisdiction and that the Application could be entertained.
Boureslan v. Aramco
Authors: Gallozzi Marialuisa S.
Published: April 2006

Plaintiff, a United States citizen employed in Saudi Arabia, brought an employment discrimination suit against defendant, a U.S. corporation, alleging violations of title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e (1982)). The U.S. Court of Appeals for the Fifth Circuit affirmed (per Davis, J.) the district court’s dismissal of the suit for lack of subject matter jurisdiction and held (two to one): (1) that neither the language nor the legislative history of title VII evinces a clearly expressed congressional intent to apply title VII outside U.S. borders; (2) that in the absence of clearly expressed congressional intent to the contrary, the presumption against extraterritoriality controls; and (3) that no “negative inference” extending the reach of title VII should be drawn from its “alien exemption” provision. Judge King’s dissent discussed international law principles not addressed by the majority. The Fifth Circuit subsequently granted on December 23, 1988, the petition for rehearing en banc submitted by plaintiff and various amici, including the Equal Employment Opportunity Commission (EEOC).
The Reunification of Germany
Authors: Frowein Jochen Abr.
Published: April 2006

The reunification of Germany raised a variety of public international law questions that have been subjected to extensive scholarly review in Germany, where the interest is naturally intense. This report is designed to bring before American and other international lawyers the basic facts and issues pertaining to that important event.
On Drawing a Bright Line for Covert Operations
Authors: Johnson Loch K.
Published: April 2006

This analysis of covert operations, as conducted by Western intelligence services, explores the problem of assessing their effects on international order and comity. Despite a tendency of commentators to overlook this form of intervention, the topic is important; in contemporary global relations, covert acts of hostility between nations occur with a high rate of frequency.

The study is organized into three sections. The first presents a “ladder of escalation” for covert operations, one based on a rising level of intrusion abroad as policy makers climb upward from low-risk to high-risk activities. The second section briefly surveys leading ethical, philosophical and practical issues involved in trying to evaluate the effects of secret intelligence activities. And the third section offers a set of guidelines for evaluating the propriety of proposed covert operations.
The International Law Commission Tomorrow: Improving its Organization and Methods of Work
Authors: Graefrath B.
Published: April 2006

The history, operation and tasks of the International Law Commission (ILC) have often been described and its success in codifying general international law is well-known and widely acknowledged. The conduct of international relations today is unthinkable without such basic instruments, first drafted by the Commission, as the conventions on diplomatic and consular relations, the law of treaties and the law of the sea. Moreover, other ILC drafts that have not been adopted as treaties have had a long-term effect on the development of international law; for example, the Draft Declaration on the Rights and Duties of States, the Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal, and the Model Rules on Arbitral Procedure.
Senate Materials and Treaty Interpretation: Some Research Hints for the Supreme Court
Authors: Vagts Detlev F.
Published: April 2006

In his concurring opinion in the recent tax treaty case United States v. Stuart, Justice Scalia reports that “I have been unable to discover a single case in which this Court has consulted the Senate debate, committee hearings or committee reports” to interpret a treaty. Even more sweepingly, he says that two 1988 opinions in a district court are the “first (and, as far as I am aware, the only) federal decisions relying upon pre-ratification Senate materials for the interpretation of a treaty.” He moves from there to conclude that the “Restatement (Third) of the Foreign Relations Law of the United States §314, Comment d (1986); id., §325, Reporter’s [sic] Note 5 … must be regarded as a proposal for change rather than a restatement of existing doctrine.” Those are the paragraphs in which the Restatement approves the use of such materials.
The Space Warc Concludes
Authors: Smith Milton L.
Published: April 2006

The second session of the International Telecommunication Union’s World Administrative Radio Conference (WARC) on the planning of the geostationary satellite orbit (GSO) for space telecommunications was held in Geneva from August 29 to October 6, 1988. This conference, known as the “Space WARC,” completed a long process of international negotiations. It established a new regulatory regime for satellite telecommunications, the primary commercial use of outer space, that should be effective for at least 20 years.
The Constitution for its Third Century: Foreign Affairs
Authors: Henkin Louis
Published: April 2006

The bicentennial of the United States Constitution has been marked by much celebration and some stocktaking. The Framers have been fully—if not fulsomely—praised, and there appears to be general enthusiasm about the legacy they left us. However, as regards the constitutional dispositions for the conduct of foreign affairs, there appears to have been little attention to the Framers and little inclination to celebrate what they ordained. Few have taken this occasion to expose how we got where we are from where they were; efforts to take stock have been hampered by uncertainty and shouted down in controversy.
The Constitution and International Human Rights
Authors: Lillich Richard B.
Published: April 2006

A decade ago Professor Henkin remarked that “there has been almost no examination at all of the relation between international human rights and the American Constitutional version of human rights.” Since then he has done much to fill this gap in the literature, as has, more recently, a distinguished barrister/scholar from Great Britain. Nevertheless, it may be useful, in this symposium celebrating the bicentennial of the U.S. Constitution, to survey both the contribution it has made to the development of international human rights law and the extent to which the latter has influenced the evolution of U.S. constitutional law.
Volkswagen Aktiengesellschaft v. Schlunk
Authors: Vázquez Carlos M.
Published: April 2006

In this first decision by the United States Supreme Court on the scope and application of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention, petitioner, a West German company, challenged the respondent’s attempt to serve process on petitioner by serving its wholly owned U.S. subsidiary in accordance with the state’s rules rather than pursuant to the procedures of the Convention. The Circuit Court of Cook County, Illinois, found that the relationship between the German parent and the U.S. subsidiary was such that, under state-law rules of agency, the U.S. subsidiary was the parent’s involuntary agent for service of process. Because service could thus be perfected entirely within the United States, the court held that it was not necessary to follow the procedures of the Hague Service Convention. The Illinois Appellate Court affirmed, and the Illinois Supreme Court denied leave to appeal. The U.S. Supreme Court (per O’Connor, J.) affirmed and held: (1) the Hague Service Convention is “mandatory” and preempts inconsistent state-law methods of service in all cases to which it applies; (2) the Convention applies where there is occasion to transmit a document abroad to charge persons with formal notice of a pending action; and (3) whether it is necessary to transmit a document abroad for such purposes is determined by the forum state’s internal law.
In re Request for Assistance from Ministry of Legal Affairs of Trinidad and Tobago
Authors: Smith Bradford L.
Published: April 2006

Appellant, Joseph Azar, appealed the district court’s denial of his motion to quash a subpoena obtained by the U.S. Department of Justice at the request of the Minister of Legal Affairs of Trinidad and Tobago. The United States had sought the subpoena to obtain Azar’s Florida bank records as part of a criminal investigation in Trinidad and Tobago. On review, the Court of Appeals for the Eleventh Circuit (per Fay, J.) affirmed the district court’s decision and held that 28 U.S.C. §1782 authorized the judicial assistance sought by the Minister of Legal Affairs even though there was no pending proceeding in Trinidad and Tobago.
Human Rights in Law’s Empire: The Jurisprudence War
Authors: Farer Tom J.
Published: April 2006

Our intramural, often scholarly, but not always polite, debates about the legitimacy of invasions directed against more-or-less brutal authoritarian governments demonstrate how one’s preferred conception of the nature of law can affect one’s conclusions about its contents.

The celebrants of what I will call the classical view display the following characteristics: while recognizing that states can establish and alter norms through both explicit agreements normally expressed in written texts and implicit agreements manifested in practice, they tend in their epistemology toward a rather strict separation of these two processes; when attempting to identify norms arising from explicit agreements, they presume that the parties had an original intention which can be discovered primarily through textual analysis and which, in the absence of some unforeseen change in circumstances, must be respected until the agreement has expired according to its terms or been replaced by mutual consent; when attempting to identify norms arising from implicit agreement, they rely primarily on relatively formal manifestations of consent, deemphasize the relative power of states, and imply a high threshold below which alleged norms are entirely without legal character.
Vacancies on ICJ Filled by Election
Authors: T. M. F.
Published: April 2006

On February 5, 1991, the terms of five members of the International Court of Justice expired: those of President J. M. Ruda (Argentina) and Judges K. Mbaye (Senegal), Sir Robert Jennings (United Kingdom), G. Guillaume (France) and R. S. Pathak (India). In conformity with Articles 4 and 13 of the Statute of the Court, the General Assembly and the Security Council, on November 15, 1990, elected five persons to nine-year terms of office. Judges Mbaye, Ruda and Pathak did not stand for reelection. Judges Jennings and Guillaume were reelected. The newly elected judges are Andrés Aguilar Mawdsley (Venezuela), Raymond Ranjeva (Madagascar) and Christopher Gregory Weeramantry (Sri Lanka).
UN Membership of the “New” Yugoslavia: Continuity or Break?
Authors: Blum Yehuda Z.
Published: April 2006

On May 22, 1992, the United Nations General Assembly admitted three new members—Slovenia, Bosnia and Hercegovina, and Croatia—all of them, in the past, constituent republics of Yugoslavia. Since June 1991, these three republics—as well as Macedonia—have seceded from the Yugoslav federation, which leaves only the two remaining republics—Serbia and Montenegro—to claim the name of Yugoslavia, as well as its rights and international status, including membership in the United Nations.
Contemporary Practice of the United States Relating to International Law
Authors: Nash Marian
Published: April 2006

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.
The Political Consequences of Economic Embargoes
Authors: Leigh Monroe
Published: April 2006

The failure of the U.S.-led embargo against Haiti had become notorious long before the time President Clinton decided to invade Haiti in order to restore President Aristide to office. The embargo had failed to unseat the junta and it had worked enormous hardship on the poor people of Haiti—so much so that thousands were willing to risk their lives on the high seas in makeshift vessels to seek asylum in the United States. This comment deals not with the legalities of the President’s action—which seem clear enough in view of the Security Council resolutions—but, rather, with the political consequences of the economic embargo in Haiti as well as elsewhere.
The President’s Constitutional Authority to Use Limited Military Force
Authors: Trimble Phillip R.
Published: April 2006

The United States intervention in Haiti concludes another chapter in the development of the constitutional common law of presidential power. The Haiti experience further confirms the constitutional authority of the President to deploy armed forces into hostile foreign environments, and to initiate the use of force without prior, specific congressional authorization. The facts of the situation limit the “precedent” to small-scale interventions where the risk of major military engagements, either initially or upon escalation, is negligible. The cases of largescale hostilities, like Korea, Vietnam and Iraq, are quite different in fact and perhaps also in law. But the Haiti “precedent,” coupled with the recent interventions in Grenada and Panama and innumerable examples earlier in history, strongly supports an unqualified presidential power to carry out small-scale military operations in support of foreign policy goals.
Contemporary Practice of the United States Relating to International Law
Authors: Nash Marian , Leich
Published: April 2006

On June 27, 1996, the Senate voted its advice and consent to ratification of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, with Annexes, adopted at New York on August 4, 1995, by consensus of the UN Conference on Straddling Fish Stocks and Highly Migratory Stocks, and signed by the United States on December 4, 1995, subject to one declaration, which read as follows:

It is the Sense of the Senate that “no reservations” provisions as contained in Article 42 have the effect of inhibiting die Senate from exercising its constitutional duty to give advice and consent to a treaty, and die Senate’s approval of this treaty should not be construed as a precedent for acquiescence to future treaties containing such a provision.
The Forty-Sixth Session of the International Law Commission
Authors: Rosenstock Robert
Published: April 2006

The International Law Commission of the United Nations held its forty-sixth session from May 2 to July 22, 1994, under the chairmanship of Professor Vladlin Vereshchetin of Russia.

The Commission had one of its most productive sessions. It completed a second draft of a statute for an international criminal court; completed its second reading on nonnavigational uses of international watercourses; completed, provisionally on first reading, a discrete portion of its work on liability for injurious consequences arising out of acts not prohibited by international law; considered aspects of state responsibility; began its second reading on the Draft Code of Crimes; and appointed Vaclav Mikulka and Alain Pellet, respectively, as special rapporteurs for the new topics of “State succession and its impact on the nationality of natural and legal persons” and “the law and practice relating to reservations to treaties.” It is the intention of the Commission to conclude its work on these two topics during the current term, i.e., by 1996.
Ecological correlates of achene mass variation in Chrysothamnus Nauseosus (Asteraceae)
Authors: Meyer Susan E.
Published: April 2006

Chrysothamnus nauseosus (Asteraceae) is a complex polymorphic shrub species widely distributed in western North America. In a study of 86 populations belonging to 15 subspecies, achene mass varied among populations over a sevenfold range. Achene mass was closely correlated with capitulum size at the subspecies level, varied little between wild‐growing and common‐garden‐grown members of a population, and was under strong genetic control. Subspecies with the heaviest achenes are restricted to specialized edaphic environments (dunes and badlands) or late seral montane riparian communities, while subspecies that are widely distributed and that occur in early seral habitats have less heavy achenes. Selection on achene mass has apparently been a notable feature of the adaptive radiation of Chrysothamnus nauseosus into the wide array of habitats it currently occupies. Within a wild population, achene mass was greater for plants fruiting in midautumn than for plants fruiting early or late in the autumn, and this same trend was observed within individual plants in garden populations, indicating environmental control, perhaps through resource limitation. Highly significant between‐plant differences in achene mass were found in both wild and garden populations, suggesting that within‐population genetic variation is sufficient to permit continuing selection.
Floral ontogeny in legume genera Petalostylis, Labichea, and Dialium (Caesalpinioideae: Cassieae), a series in floral reduction
Authors: Tucker Shirley C.
Published: April 2006

Floral ontogeny of taxa of two subtribes (Labicheinae, Dialiinae) of caesalpinioid tribe Cassieae, characterized by reduced number of floral organs, was compared. All three taxa studied are distichous; Petalostylis labicheoides flowers are solitary in leaf axils, Labichea lanceolata has few‐flowered racemes, and Dialium guineense has numerous‐flowered cymes. The first sepal primordium in each is initiated abaxially and nonmedianly. Order of organogenesis in Petalostylis is: five sepals bidirectionally, five petals and carpel simultaneously, then five stamens bidirectionally, starting abaxially. The order in Labichea is: five sepals helically (one lagging in time), five petals unidirectionally starting abaxially, the carpel and petals concurrently, then two stamens successively, starting laterally. Order in Dialium is: five sepals bidirectionally, the single petal adaxially, and lastly the carpel and two stamens concurrently. Specializations include (1) reduction of the five sepals to four by fusion in Petalostylis and Labichea; (2) reduction of petal number to one in Dialium; (3) reduction of stamen number to two in Labichea and Dialium, and reduction of functional stamens to three in Petalostylis; and (4) an elaborate, late‐developing style in Petalostylis. Floral asymmetry, another specialization, characterizes Labichea, expressed by dissimilar stamens, while the other genera have zygomorphic flowers. Floral ontogenies are compared with other taxa of Cassieae.
Floral sex ratios and gynomonoecy in Aster (Asteraceae)
Authors: Bertin Robert I. , Kerwin Maureen A.
Published: April 2006

Gynomonoecy is the sexual system in which female and bisexual flowers occur on the same plant. This system has received little attention despite the considerable work on other plant sexual systems in the past few decades. Our study examines one hypothesized advantage of having two flower types on a plant, namely that this arrangement permits flexibility in allocation of resources to male and female reproductive functions. We examined 16 species of Aster (Asteraceae), a genus of gynomonoecious, perennial herbs. Plants in this genus produce heads consisting of a whorl of female flowers around a cluster of bisexual flowers. Among field‐grown plants we found no evidence that plant size, date, position of heads, rainfall, or shade influenced the proportion of female flowers. A series of greenhouse experiments likewise revealed no large or consistent effects of light, nutrients, or position of heads on the proportion of ray flowers. While floral ratios proved very stable in the face of environmental and physiological variables, they exhibited significant variation among plants and among sibships in most species. We conclude that the presence of two flower types in gynomonoecious asters is not advantageous in permitting flexibility in allocation of resources to male and female functions. We believe that the advantage of the female flowers in aster heads lies either in reducing pollen–pistil interference or in attracting pollinators.
Early development of androecia in polystemonous Hydrangeaceae
Authors: Hufford Larry
Published: April 2006

Polystemonous androecia are diverse in both number and position of stamens. This investigation of polystemonous Hydrangeaceae uses developmental data to characterize (1) the range of developmental variations that account for the diverse androecial patterns and (2) how the expressions of polystemony among Hydrangeaceae compare to those found generally among other angiosperms and especially in their sister family, the Loasaceae, some of which have particularly complex androecia. All polystemonous Hydrangeaceae share the common element of stamen clusters in antesepalous positions. In each of these taxa, the first stamens are initiated opposite the medians of the sepals. Subsequently, stamens form laterally on the flanks of the initial antesepalous stamens, giving rise to the clusters designated as antesepalous triplets. The simplest elaborations based on those common initial developmental steps include (1) adding additional lateral flanking stamens and (2) adding a single stamen in each antepetalous position between adjacent antesepalous groups. More complex elaborations are characteristic of (1) Carpenteria and Philadelphus, which form common primordia at the beginning of androecial development and, subsequently, have stamen primordia form on them, and (2) Deinanthe, which has an elongate hypanthial region on which numerous whorls of stamens are initiated. Carpenteria is unique among Hydrangeaceae in having groups of stamens that are initiated centrifugally in antepetalous positions, and this is similar to complex elements found among some Loasaceae. Generally, the polystemony of Hydrangeaceae that is based in the formation of antesepalous triplets is very similar to that found to evolve in parallel among various clades of rosids and asterids.