bluuebunny/crossref_metadata_2025 huggingface dataset:
The Grotian Vision of World order
Authors: Murphy Cornelius F.
Published: April 2006

At the beginning of the 14th century, the great poet Dante published an imaginative proposal for world order. His experience had led him to believe that the multiplicity of cities, states, and kingdoms was the source of great discord and strife. They were depriving mankind of that tranquility which was necessary for the full development of its intellectual powers. There was a need for a single impartial ruler who, standing above the contentiousness of lesser governments, could bring about a regime of universal justice and peace. In the De monarchia the holder of universal authority was to be the Roman emperor. The genius of the Romans devised the most effective forms of government that the world had ever known. As the Roman Catholic Church had universal authority in matters spiritual, the Holy Roman emperor should exercise a supreme, global authority to which all the various kingdoms and republics would be politically subordinate.
Contempt, Crisis, and the Court: The World Court and the Hostage Rescue Attempt
Authors: Stein Ted L.
Published: April 2006

The “Hostages” case was surely one of the most remarkable ever to be presented to the World Court for a decision. And among its remarkable features, none is more striking than that prior to delivery of the Court’s Judgment the United States attempted to rescue the hostages by force. This attempt to accomplish by force what the United States had sought to achieve through the judicial process raised profound issues regarding the relationship between the use of force and adjudication, the purpose and effect of interim measures of protection, and the role of the Court in the contemporary international order. This article will analyze these issues in the light of the Court’s treatment of the rescue attempt.
The Third United Nations Conference on the Law of the Sea: The Eighth Session (1979)
Authors: Oxman Bernard H.
Published: April 2006

The eighth session of the Third United Nations Conference on the Law of the Sea met in Geneva from March 19 to April 27, 1979. It resumed in New York from July 16 to August 24, 1979, with the first three days devoted to informal consultations.
Towards Relative Normativity in International Law?
Authors: Weil Prosper
Published: April 2006

1. The purpose of this article is to examine, even at the risk of magnifying them somewhat for clarity, the potential dangers that some recent developments usually studied from other angles—the jus cogens theory, the distinction between international crimes and international delicts, the concept of a rule of general international law, the notion of obligation erga omnes—bring in their wake for the future of international law as a normative system intended to perform certain functions.
The Act of State Doctrine of the United Kingdom: An Analysis, With Comparisons to United States Practice
Authors: Singer Michael
Published: April 2006

Until quite recently the doctrine of act of state had long occupied a quiet backwater of English jurisprudence. Some cases of the last few years, however, have indicated that this doctrine may assume considerable importance in the future. In this respect the English experience is similar to that of the United States, where act of state cases were relatively rare and received little attention for many years before Sabbatino. This coincidence should cause little surprise for, as the cases in both nations make clear, there are common underlying causes. Act of state doctrine developed in an era when governments confined themselves to a narrow range of activities. Nowadays, however, the doctrine is being strained to cope with the activities of states whose governments own and develop natural resources, and engage in international trade, while maintaining an approach to property and contractual rights vastly different from that of the United Kingdom and the United States.
The Maritime Boundaries of the United States
Authors: Feldman Mark B. , Colson David
Published: April 2006

The establishment of maritime boundaries between neighboring states is a matter of increasing interest and concern in international relations. Although states have had to deal with territorial sea and other maritime boundaries in years past, the extension of fisheries jurisdiction and claimed economic zones out to 200 nautical miles and the rapid advance in the technology of hydrocarbon development on the continental shelf have created a problem of totally new dimensions. These developments have given rise to many new boundaries between opposite and adjacent states which require delimitation and have made many potential boundaries more important to the states concerned.
Intervention in the International Court
Authors: Jessup Philip C.
Published: April 2006

For the first time the International Court of Justice has squarely faced and ruled upon the right of a third state to intervene in a case to which two other states are parties. The litigation was the Case Concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya), Application of Malta for Permission to Intervene, Judgment of April 14, 1981. The Court unanimously denied permission to intervene, but three judges appended separate opinions which contain matters of considerable interest.
Lawyers, Judges, and the Making of a Transnational Constitution
Authors: Stein Eric
Published: April 2006

Tucked away in the fairyland Duchy of Luxembourg and blessed, until recently, with benign neglect by the powers that be and the mass media, the Court of Justice of the European Communities has fashioned a constitutional framework for a federal-type structure in Europe. From its inception a mere quarter of a century ago, the Court has construed the European Community Treaties in a constitutional mode rather than employing the traditional international law methodology. Proceeding from its fragile jurisdictional base, the Court has arrogated to itself the ultimate authority to draw the line between Community law and national law. Moreover, it has established and obtained acceptance of the broad principle of direct integration of Community law into the national legal orders of the member states and of the supremacy of Community law within its limited but expanding area of competence over any conflicting national law.
Conditioning U.S. Security Assistance on Human Rights Practices
Authors: Cohen Stephen B.
Published: April 2006

The level of parliament depends on whether it does not merely discuss great issues, but decisively influences them; in other words, its quality depends on whether what happens there matters, or whether parliament is nothing but the unwillingly tolerated rubber stamp of a ruling bureaucracy.

Max Weber

In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of the officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed," and bureaucratic and personal considerations distort judgments, exploit the generality and uncertainty of language, and lead to abuse of discretion. A notable instance of this problem has been executive implementation of legislation on international human rights.
The Torres Strait Treaty: Ocean Boundary Delimitation by Agreement
Authors: Burmester H.
Published: April 2006

The delimitation of maritime boundaries is one of the major areas of ocean law where disputes between countries occur with frequency and where the development of governing principles of law remains difficult. At the Law of the Sea Conference, delimitation of the continental shelf and economic zones between states with opposite or adjacent coasts was one of the last issues to be resolved. Major judicial and arbitral decisions, such as the North Sea Continental Shelf cases before the International Court of Justice and the Anglo-French Continental Shelf arbitration, have gone some way to developing a body of relevant law to assist states in the solution of their maritime boundary problems. These decisions have clarified some of the relevant factors that states should take into account, but major boundary problems remain. On the Aegean Sea, Greece and Turkey have still not reached any solution; relations between Canada and the United States have been severely strained by their slow progress on maritime boundary issues; Libya and Tunisia have referred their continental shelf dispute to the International Court of Justice.
Procedural due Process in Human Rights Fact-Finding by International Agencies
Authors: Franck Thomas M. , Fairley H. Scott
Published: April 2006

Most international organizations lack law-enforcing sanctions or, having them in legal theory, are reluctant to invoke them in practice. Instead, they increasingly resort to fact-finding.
Voting in International Economic Organizations
Authors: Zamora Stephen
Published: April 2006

Since the 19th century, governments have joined to create specialized international organizations to control the effects of new technologies and to regulate increased economic ties between nations. The number of such organizations has increased dramatically since the Second World War, and it is likely that this approach to international problem solving through permanent, specialized agencies will continue. Yet for nations to act effectively in concert, the organization through which they act must command the respect of its members, and they must abide by the organization’s decisions. Moreover, the way in which these decisions are made—the formal procedures and informal practices followed by the organization’s members—will have a direct and immediate effect on the members’ observance of them. Even the generally accepted substantive rules of an organization are not likely to be observed if they are perceived as arbitrarily applied without proper voting safeguards.
The Meaning and Reach of the International Convention on the Elimination of All Forms of Racial Discrimination
Authors: Meron Theodor
Published: April 2006

The International Convention on the Elimination of All Forms of Racial Discrimination (the Convention) is the most important of the general instruments (as distinguished from specialized instruments such as those pertaining to labor or education) that develop the fundamental norm of the United Nations Charter—by now accepted into the corpus of customary international law—requiring respect for and observance of human rights and fundamental freedoms for all, without distinction as to race. It has been eloquently described as “the international community’s only tool for combating racial discrimination which is at one and the same time universal in reach, comprehensive in scope, legally binding in character, and equipped with built-in measures of implementation.”
“Secret Wars,” Self-Defense and the Charter—A Reply to Professor Moore
Authors: Rowles James P.
Published: April 2006

In a recent article entitledThe Secret War in Central America and the Future of World Order, Professor John Norton Moore, a staunch defender of United States actions toward Nicaragua, sets forth a comprehensive array of factual assertions and legal arguments to support his conclusions that support by the United States of Nicaraguan counterrevolutionaries or “contras” and its own actions against Nicaragua are justified as collective self-defense under international law. He also presents arguments to support his conclusion that the International Court of Justice has so exceeded its authority in exercising jurisdiction in the case ofNicaragua v. United Statesthat its decisions are void, and consequently may be ignored by the United States—or, for that matter, Nicaragua. Professor Moore’s analysis and conclusions differ sharply from those of the present writer. It should therefore be useful to identify the main points of disagreement, and to suggest the policy implications of the different legal arguments and conclusions.
Revision Of ILO Convention No. 107
Authors: Barsh Russel Lawrence
Published: April 2006

Meeting for 10 days in Geneva last September, a group of 15 experts convened by the International Labour Office recommended substantial changes in ILO Convention No. 107, which for nearly 30 years has been the only binding international instrument on the rights of indigenous and tribal peoples. Noting the importance placed on the right to self-determination by indigenous peoples, the experts concluded that the Convention’s original emphasis on integration “no longer reflects current thinking” and should be replaced by the principle of affording these peoples “as much control as possible over their own economic, social and cultural development.” The Organisation’s Board of Governors approved the experts’ report in November, and placed the revision on the agenda for the 1988 General Labour Conference.
The Collapse of Tin: Restructuring a Failed Commodity Agreement
Authors: McFadden Eric J.
Published: April 2006

The International Tin Agreement (ITA), one of the world’s oldest commodity pacts, ran out of money and discontinued its market support operations on October 24, 1985. Subsequent disclosures revealed that the organization not only had exhausted its cash reserves but also had borrowed over £900 million in an unsuccessful effort to support the price of tin. Member governments of the ITA failed to approve additional contributions to repay these loans, leaving banks and commodity brokers to absorb massive losses. The market price of tin plummeted to half its previous level. The collapse came as an unexpected shock, for the ITA had been widely viewed as the world’s most successful commodity pact. International agreements operating almost continuously during the past 50 years, including the ITA and its precursors, have been credited with successfully reducing fluctuations in the naturally volatile price of tin. The collapse now makes the whole future of tin regulation uncertain. In addition, the failure of tin sounds a warning for other commodity pacts, which are equally susceptible to the underlying weaknesses to which tin fell prey.
The Power of the Executive Branch of the United States Government to Violate Customary International Law
Authors: Charney Jonathan I.
Published: April 2006

In its decision in The Paquete Habana, the United States Supreme Court wrote that customary international law is part of the law of the United States to be administered by the courts, “where there is no treaty and no controlling executive or legislative act or judicial decision.” The U.S. capture of the foreign fishing vessels in question was determined to have violated customary international law protecting enemy fishing vessels in time of war, and the Supreme Court ordered that compensatory damages were due. The remedy was ordered, notwithstanding the fact that the capture was undertaken to enforce a presidential proclamation establishing a naval blockade of Cuba. The arguments of the Solicitor General and the Assistant Attorney General supporting the capture went unheeded.
The World Court’s Achievement
Authors: Falk Richard
Published: April 2006

Even if conceived of only as a legal text, the array of judicial opinions contained in Nicaragua v. United States constitutes an extraordinary document. It represents a fascinating attempt through judicial inquiry to assess convincingly the relevance of law to an ongoing armed conflict. As such, despite procedural objection to entry upon this terrain by the three dissenting judges, it leads the Court to pronounce specifically upon the core issue of when force can permissibly be used in international relations, as well as the contours of a claimed right of collective self-defense in the setting of interventions and civil strife.
Some Observations on the ICJ’s Procedural and Substantive Innovations
Authors: Franck Thomas M.
Published: April 2006

The decision of the International Court of Justice in the case between Nicaragua and the United States brims with important procedural and substantive implications for the future of law and adjudication in disputes between states.
Somber Reflections on the Compulsory Jurisdiction of the International Court
Authors: Janis Mark Weston
Published: April 2006

The Military and Paramilitary Activities case deepens the gloom already surrounding the two forms of the International Court’s compulsory jurisdiction. Neither Article 36(2) of the ICJ Statute, which confers general compulsory jurisdiction upon the Court in cases of reciprocal state declarations, nor that part of Article 36(1) which vests jurisdiction when treaties so provide has been particularly successful in recent practice. No one denies that the ICJ has served a useful, if occasional, role when it has heard and decided cases voluntarily submitted by then-willing states pursuant to the specially conferred provision of Article 36(1). What is in question is the utility of the all too many recent cases where the Court has taken jurisdiction pursuant to the compulsory provisions of its Statute and then has been, to one degree or another, disregarded.
Custom on a Sliding Scale
Authors: Kirgis Frederic L.
Published: April 2006

Every student who has ever taken a traditional international law course has learned Manley Hudson’s four elements for the emergence of a rule of customary international law:

(a)

concordant practice by a number of States with reference to a type of situation falling within the domain of international relations;

(b)

continuation or repetition of the practice over a considerable period of time;

(c)

conception that the practice is required by, or consistent with, prevailing international law; and

(d)

general acquiescence in the practice by other States.
Jurisprudence and Jurists’ Prudence: The Iranian-Forum Clause Decisions of the Iran-U.S. Claims Tribunal
Authors: Stein Ted L.
Published: April 2006

On November 5, 1982, the Iran-U.S. Claims Tribunal decided a series of nine cases presenting issues of the greatest significance for the future course of that Tribunal’s work. The issue for decision in each case was the effect of a contractual choice-of-forum clause on the Tribunal’s own jurisdiction, an issue likely to arise in a great many cases. Squarely presented were issues pertaining to the relationship between public and private international law, the content of a state’s obligation under international law to maintain an adequate and effective system of local remedies, and the scope of “changed circumstances” as a ground for release from contractual obligations.
Fisheries under the United Nations Convention on the Law of the Sea
Authors: Oda Shigeru
Published: April 2006

Under the traditional rules of international law, the sea was divided into the high seas and the territorial seas and in each case different rules and regulations obtained. As for the exploitation of fishery resources, the coastal state possessed unquestioned rights to regulate any such exploitation within its territorial sea and to apply its domestic legislation fully to any person engaged in such activities. Similarly, the coastal state was free to prohibit fishing by foreigners in its territorial sea and thus to monopolize those fishery resources. On the high seas, however, no state was allowed, at least in principle, to impose its jurisdiction upon any foreign vessel, since fishing on the high seas fell under the general regime of the high seas. The existence of these two disparate regimes, namely, exploitation under the full control of the coastal state and exploitation free from interference by any country, was a fundamental presumption underlying the exploitation of fishery resources.
The Advisory Practice of the Inter-American Human Rights Court
Authors: Buergenthal Thomas
Published: April 2006

The American Convention on Human Rights entered into force in 1978. To date, 18 OAS member states, out of 31, have ratified it. Included among the states parties to the Convention are all the Central American Republics as well as Panama, Mexico, the Dominican Republic and Haiti. The five Andean Pact nations have ratified, as have Jamaica, Barbados and Grenada. Argentina is the latest state to become a party; it did so on September 5, 1984, and thus became the first and, to date, only Southern Cone country to do so. The others—Chile, Paraguay and Uruguay—have not ratified; nor have Brazil, the United States, Suriname and a number of English-speaking Caribbean states.
Respecting One’s Own Jurisprudence: A Plea to the International Court of Justice
Authors: Reisman W. Michael
Published: April 2006

This above all—to thine own self be true, And it must follow, as the night the day, Thou canst not then be false to any man.

Hamlet, 1.3.78

On two occasions in the recent past, the International Court of Justice has misstated its own prior holdings by selective quotation. In each instance, the partial quotation was invoked as authority for the opposite of what the previous Court had said. Neither matter was de minimis: in each instance, the issue for which authority was being sought was central either to the case at bar or to an important aspect of the Court’s role. The consequences for the future of international adjudication and the stability of authoritative expectation, which is such an important strut of international law, are serious and merit examination.
Velásquez Rodríguez Case
Authors: Witten Samuel M.
Published: April 2006

The Inter-American Commission on Human Rights (Commission) brought this action in 1986 against the Government of Honduras in the Inter-American Court of Human Rights. The Commission alleged that Honduras had violated Articles 4, 5 and 7 of the American Convention on Human Rights (Convention) with respect to the 1981 detention and subsequent disappearance of a Honduran student, Angel Manfredo Velásquez Rodríguez. The Court ruled for the Commission and unanimously held: (1) that domestic Honduran legal remedies were ineffective and did not bar the Court’s jurisdiction; (2) that a systematic pattern of disappearances was carried out or tolerated by Honduran government officials from 1981 to 1984; (3) that Honduras had violated the victim’s rights as part of that practice; and (4) that Honduras must therefore compensate the family of the victim and that any agreement on the form and amount of compensation must be approved by the Court. The Court further held, by six to one, that it would decide the form and amount of compensation if Honduras and the Commission were unable to negotiate an agreement within 6 months. Judge Piza filed a dissenting opinion.
National Petrochemical Co. of Iran v. the M/T Stolt Sheaf
Authors: Marcus Jerome M.
Published: April 2006

In an action brought in the U.S. District Court for the Southern District of New York, plaintiff, the National Petrochemical Co. of Iran (NPC), sought damages against Monnris Enterprises of Dubai, the United Arab Emirates, Rotexchemie Brunst & Co. of Hamburg (Rotex), and Rotex’s Geneva affiliate, Formula S.A., for breach of an agreement to sell chemicals to NPC. Asserting that NPC is a subsidiary of the National Iranian Oil Co., which is in turn owned wholly by the Government of Iran, defendants moved to dismiss on the ground that the United States does not recognize the Khomeini Government of Iran and, hence, that neither Iran nor its instrumentality NPC has standing to sue in U.S. courts. The district court granted the motion, NPC appealed and the U.S. Court of Appeals for the Second Circuit held: (1) that a foreign state may have standing to sue in U.S. courts even if the United States does not recognize its government or have diplomatic relations with it; (2) that an unrecognized government will have standing to sue if the U.S. executive branch has evinced a willingness to permit the plaintiff to litigate its claims in U.S. courts; and (3) that the level of intercourse between the United States and Iran, and a Statement of Interest filed in this case by the United States as amicuš curiae, show that the executive branch is willing to permit NPC to litigate its claims in U.S. courts.
The Canada-France Maritime Boundary Case: Drawing a Line Around St. Pierre and Miquelon
Authors: McDorman Ted L.
Published: April 2006

Saint Pierre and Miquelon are two very small islands. Saint Pierre is ten square miles and Miquelon is 83 square miles. The total population for both islands is 5,800. Those islands are only 15 miles off the mouth of Fortune Bay in Newfoundland.

It can hardly be serious that anyone should think France would have a claim for 22,000 square miles or do anything like that under international law.

So mocked the Honorable John Crosbie in the Canadian House of Commons in 1982 before he became the Canadian government minister with responsibility for the Canada-France negotiations respecting St. Pierre and Miquelon.
“Binding” Advisory Opinions of the International Court of Justice
Authors: Ago Roberto
Published: April 2006

The advisory opinion handed down by the International Court of Justice on December 15, 1989, Applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations, has revived the topicality of the possible dual application of the Court’s advisory procedure. This procedure, provided for in Article 96 of the Charter, is governed by Articles 65-68 of the Statute of the Court.
United Nations Law in the Gulf Conflict
Authors: Schachter Oscar
Published: April 2006

This was written shortly after the gulf war of 1990-1991 came to an end. The collective action taken under the aegis of the United Nations has been hailed as a vindication of international law and of the principle of collective security. At the same time, it has also been perceived by many as still another example of the dominant role of power and national self-interest in international relations. A plausible case can be made for each of these views. An optimist may conclude in the rosy glow of the desired outcome that law and power have happily converged in this case. Even so, the massive devastation of civilian life during the war and the threat of renewed violence are troubling features. The promise of a new world order based on the rule of law still seems far from fulfillment, but there is renewed hope that the UN Charter will be taken seriously as an instrument of collective responsibility.
Nelson v. Saudi Arabia
Authors: Vega Matias A.
Published: April 2006

While in the United States, Scott Nelson saw a printed advertisement recruiting employees for the King Faisal Specialist Hospital (Hospital) in Riyadh, Saudi Arabia. The recruitment was conducted by an independent corporation, Hospital Corporation of America (HCA), which had contracted with Saudi Arabia to recruit employees for the Hospital. Nelson submitted an application, was interviewed by Hospital officials in Saudi Arabia, returned to the United States, and signed an employment agreement in Miami, Florida. As a monitoring systems engineer, he was responsible for electronic monitoring and control systems capabilities and the modification of existing equipment and installation of new equipment.
Witzemann v. Hauptzollamt München Mitte
Authors: Kokott Juliane
Published: April 2006

Max Witzemann had been sentenced to a prison term for counterfeiting in 1982. According to that nonappealable decision, he had imported counterfeit U.S. dollar notes into Germany in 1981. On the basis of the decision, the Hauptzollamt sought to collect customs duties and turnover taxes on the import of the forged notes. Witzemann refused to pay, pleading that the collection of customs duties and import turnover taxes violated Articles 9 and 12-29 of the EEC Treaty, which concern the customs union.
Wells Fargo Asia Ltd. v. Citibank, N.A. Trinh v. Citibank, N.A. Edelmann v. Chase Manhattan Bank, N.A.
Authors: Dilworth Robert J.
Published: April 2006

In these three breach-of-contract actions, United States federal courts considered the liability of home offices of U.S. banks for obligations of their foreign branches in the event of foreign governmental expropriation or exchange control measures. In each decision the court of appeals did not apply the act of state doctrine and gave no effect to the foreign governmental action, largely on the ground either that the situs of the debt was not within the exclusive jurisdiction of the foreign state carrying out the governmental measure at issue or that the law governing the obligation was not that of the foreign state.
The Marshall Court and International Law: The Piracy Cases
Authors: White G. Edward
Published: April 2006

One of the features of the Marshall Court’s business that emphasizes the contrast between that Court and its modern counterpart is the attention given to piracy cases. Piracy, defined as the unauthorized deprivation of property on the high seas, has disappeared from the present Court’s docket, and virtually disappeared as a crime; but from 1815 to 1823, piracy cases were among the most numerous and controversial of those decided by the Court.
Rules of Origin, the Canada-U.S. FTA, and the Honda Case
Authors: Cantin Frédéric P. , Lowenfeld Andreas F.
Published: April 2006

In a regime of universal most-favored-nation treatment for the entry of goods, where a product originates makes very little difference, except for consumer preferences. Buyers may prefer perfumes made in France, watches from Switzerland, cheese from Holland, but cheese from France, perfumes from Switzerland, and watches from Holland will come into the United States, or Canada, or any other country that grants MFN treatment at the same rate of duty, and there is no incentive (for tariff purposes) for anyone to wrap a product made in Patria in the mantle of Xandia.
The 1995 Judicial Activity of the International Court of Justice
Authors: Bekker Peter H. F.
Published: April 2006

This Note briefly analyzes the judicial work of the International Court of Justice from November 1994 until December 1995,’ deriving the Court’s current record from the updated General List, pleadings filed, orders and judgments given, and hearings held at the Peace Palace.
Environment and Trade as Partners in Sustainable Development: A Commentary
Authors: Weiss Edith Brown
Published: April 2006

Trade is not an end in itself; rather, it is a means to an end. The end is environmentally sustainable economic development. So viewed, there are legitimate constraints on trading patterns and practices that are necessary to ensure that the “instrument of trade” leads to environmentally sustainable development. Measures needed to protect the environment cannot be forsworn simply because they may adversely affect free trading relationships.
The Cairo Declaration of Principles of International Law on Compensation to Refugees
Authors: Lee Luke T.
Published: April 2006

At its Sixty-fifth Conference in Cairo, April 20-26, 1992, the International Law Association approved by consensus the Declaration of Principles of International Law on Compensation to Refugees. Prepared by the International Committee on the Legal Status of Refugees, these principles build upon earlier drafts that were debated at the Sixty-third Conference in Warsaw in 1988, and were approved “in principle” at the Sixty-fourth Conference in Queensland, Australia, in 1990.
The Constitutional Responsibility of Congress for Military Engagements
Authors: Damrosch Lori Fisler
Published: April 2006

The U.S.-led military operation in Haiti has unfolded with minimal violence and few casualties so far. That factual proposition—which is necessarily subject to revision—has important ramifications under both U.S. constitutional law and international law. On the constitutional level, the avoidance of hostilities defused what was poised to become a serious confrontation between the President and the Congress. On the international level, doubts in some quarters about the legitimacy of a forcible intervention, although not entirely allayed, were somewhat quieted with the achievement of a negotiated solution, which enabled U.S. troops to bring about the return to power of President Aristide without having to shoot their way into Haiti.
The Four Doctrines of Self-Executing Treaties
Authors: Vázquez Carlos Manuel
Published: April 2006

A distinction has become entrenched in United States law between treaties that are “self-executing” and those that are not. The precise nature of this distinction—indeed, its very existence—is a matter of some controversy’ and much confusion. More than one lower federal court has pronounced the distinction to be the “most confounding” in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson’s observation that “[t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion” surrounding it. The continuing, and remarkably candid, judicial confusion over this issue will, I hope, excuse yet another attempt to bring some coherence to the doctrine. In this article, I argue that much of the doctrinal disarray and judicial confusion is attributable to the failure of courts and commentators to recognize that for some time four distinct “doctrines” of self-executing treaties have been masquerading as one. With a view to furthering the development of doctrine in conformity with constitutional allocations of power, I identify these four “doctrines,” as reflected in the self-execution decisions of the Supreme Court and the lower federal courts, and I examine the very different types of analysis that they call for.
United Nations Law
Authors: Schachter Oscar
Published: April 2006

As the United Nations system approaches its fiftieth anniversary, there is good reason to take a fresh view of its contribution to legal order in the contemporary world. That contribution has rarely been assessed in its full generality. A half century of law creation and application by the United Nations and its specialized agencies has produced a corpus juris of impressive breadth and diversity. Not surprisingly, the greater part of this law is known only to those specially concerned with a particular area or subject. Indeed, no one can be expected to be knowledgeable in all, or even most, of the fields covered. Still, along with the diversity, common elements can be found to enable us to characterize the total product as a distinctive, multilayered legal order. This essay is an overview of its essential and interesting features. It aims particularly at informing the many nonspecialists in and outside the international law community who have reason to be interested in the process and substance of the legal contribution of the UN system.
Progress in International Maritime Boundary Delimitation Law
Authors: Charney Jonathan I.
Published: April 2006

Judgments of the International Court of Justice (ICJ) and awards of ad hoc arbitration tribunals carry special weight in international maritime boundary law. On its face, the international maritime boundary law codified in the 1982 Convention on the Law of the Sea is indeterminate. For the continental shelf and the exclusive economic zone, the legal obligation of coastal states is to delimit the boundary “by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.” The article on the delimitation of maritime boundaries in the territorial sea is no more determinative despite the fact that it makes direct references to the equidistant line, special circumstances and historic title. In spite of this indeterminacy, if not because of it, coastal states have found that third-party dispute settlement procedures can effectively resolve maritime boundary delimitation disputes. As a consequence, there are more judgments and awards on maritime boundary disputes than on any other subject of international law, and this trend is continuing.
Recent Changes in German Refugee Law: A Critical Assessment
Authors: Blay Sam , Zimmermann Andreas
Published: April 2006

Two of the most significant events of the 1980s were the fall of the Berlin Wall and the subsequent reunification of Germany. Since the beginning of the 1990s, however, the euphoria that greeted these events has given way to concern as Germany adopts measures to deal with the realities of reunification against a background of general political and economic instability in the former Communist states of Eastern and southeastern Europe. Of the many post-reunification problems, the influx of refugees into Germany has predominated.
Fourth Legal Advisers’ Meeting at UN Headquarters in New York
Authors: Mawhinney Barry , Girtel Kim
Published: April 2006

The fourth informal meeting of the heads of offices responsible for international legal services of the foreign ministries of the member states of the United Nations (the Legal Advisers) took place at UN headquarters in New York on October 25 and 26, 1993. The meeting, like the previous three, was organized at the invitation of the Legal Advisers of Canada, India, Mexico, Poland and Sweden, and with the assistance of the Legal Counsel of the United Nations, Under-Secretary-General Carl-August Fleischhauer. Forty-eight Legal Advisers and thirteen of their deputies attended, together with nearly fifty other interested participants, including the chairman of the Sixth Committee, María del Lujan Flores, the chairman of the International Law Commission, Julio Barboza, the Secretary-General of the Asian-African Legal Consultative Committee, Frank X. Njenga, a representative from Switzerland and a representative of the International Committee of the Red Cross. Representatives of all five permanent members of the Security Council were present.
Private Claims to Property Rights in the Future Israeli-Palestinian Settlement
Authors: Benvenisti Eyal , Zamir Eyal
Published: April 2006

The Declaration of Principles on Interim Self-Government Arrangements, signed by the Government of Israel and the Palestine Liberation Organization (PLO), and the exchange of letters between the PLO Chairman and Israel’s Prime Minister, both agreed upon in September 1993, have set the stage for a process of reconciliation and the settlement of the long and bitter conflict over Palestine/Eretz Yisrael. The Cairo Agreement on the Gaza Strip and the Jericho Area established the date—May 4, 1999—by which a permanent agreement must enter into effect. So far, the negotiations between the two parties have concentrated mainly on institutional arrangements, such as the nature of the Palestinian administration during the interim period, and other matters of public interest. At this stage, the parties are not expected to address matters that directly affect the interests of individuals, including the right of individuals to regain possession of property left behind because of the hostilities, or to receive compensation for such property. The discussion of most of these private claims has been deferred to the final stage of the negotiations, concerning a permanent status agreement, which is due to commence no later than May 4, 1996.
Reproductive effort and floral photosynthesis in Spiranthes cernua (Orchidaceae)
Authors: Antlfinger Ann E. , Wendel Linda F.
Published: April 2006

This study examined the cost of reproduction and photosynthetic characteristics of the reproductive structures of Spiranthes cernua, an agamospermic, terrestrial orchid. Reproduction was frequent: two‐thirds of the plants flowered at least 2 yr in a row and one‐fourth of the consecutive‐year runs were ≥ 3 yr. Neither a significant decrease in leaf area nor a reduced likelihood of flowering was observed following 1 or 2 yr of inflorescence production. While there was a tendency for plants producing >16 flowers to have decreased size the next year, plants with the greatest number of flowers (31 +) were the most likely to reproduce. Leaf and reproductive gas exchange were measured in the field. Low but positive rates of net photosynthesis were documented at all stages of inflorescence development. The average rates of photosynthesis for each stage were: leaves, 9.2 μmol CO2·m−−2·s−−1; inflorescence in bud, 3.7 μmol CO2·m−−2·s−−1; inflorescence in flower, 2.5 μmol CO2·m−−2·s−−1 and infructescence, 0.2 μmol CO2·m−−2·s−−1. Based on diurnal gas exchange, the contribution of leaves and reproductive structures to seasonal carbon assimilation was 91.6 and 8.4%, respectively. The role of the inflorescence as a source and sink for carbon assimilation may lower the cost of reproduction and support frequent inflorescence production.
Desiccation‐time limits of photosynthetic recovery in Equisetum hyemale (Equisetaceae) spores
Authors: Lebkuecher Jefferson G.
Published: April 2006

The chlorophyllous spores of Equisetum survive desiccation, yet cannot tolerate this quiescent state for more than ≈2 wk. The hypothesis that spore viability of Equisetum hyemale L. is limited by inhibition of photosynthetic recovery was tested using chlorophyll a fluorescence and oxygen‐exchange analyses. Experimental spores were desiccated at 2% relative humidity and 25°C for time periods of 24 h, 1 wk, and 2 wk, and then rehydrated at 200 μmol photons·m−−2·s−−1 (PAR) and 25°C for up to 24 h. Spores desiccated for 24 h recovered photosynthetic competence very rapidly during rehydration, reaching the O2 compensation point in 6.3 ± 0.3 (X ± SE) min. Recovery of photosynthetic performance of spores desiccated for 1 wk was slower, as judged by significantly slower increases of (1) photochemical efficiency of photosystem (PS) II, (2) PS II quinoneB‐reducing center concentration, (3) quinoneB−−2 concentration, (4) water‐oxidation activity, (5) rate of lightinduced O2 evolution, and (6) apparent quantum yield of net O2 exchange. Photosystem‐II and whole‐spore photosynthetic competence of 2‐wk desiccated spores was increasingly impaired, and did not recover during rehydration. Origin fluorescence yield and dark respiration were not affected by desiccation time following rehydration. The results suggest that the extremely short viability of disseminated spores of Equisetum hyemale is due to the inability to recover losses of water oxidation and photosystem II‐core function following 2 wk of desiccation.
Presence of paratracheal water storage tissue does not alter vessel characters in cactus wood
Authors: Mauseth James D. , Plemons‐Rodriguez Brandon J.
Published: April 2006

This research tested hypotheses that the presence of water storage tissues immediately adjacent to vessels would protect vessels from cavitation and would result in evolution of broader vessels that occur in fewer, smaller clusters relative to vessels surrounded by a matrix of fibers. We examined 21 species that have dimorphic wood, that is, at one stage in their life they produce a wood with a fibrous matrix surrounding the vessels and at another stage they produce wood with abundant paratracheal parenchyma or wide‐band tracheids. In only one species were vessels in the water storage matrix broader than those in the fibrous matrix of the same plant. In most specimens, fibrous wood had smaller clusters of vessels than water storage wood, and a greater percentage of vessels in fibrous wood were solitary. Presence of abundant paratracheal water storage tissue was not correlated with a reduced number or size of rays. Axial masses in fibrous wood were not consistently narrower than those of water storage wood, consequently their vessels were not consistently closer to water stored in rays. Wood strength may be more important than conduction safety in determining vessel cluster size and widths of rays and axial masses.
Fractal geometry of bean root systems: correlations between spatial and fractal dimension
Authors: Nielsen Kai L. , Lynch Jonathan P. , Weiss Howard N.
Published: April 2006

An obstacle to the study of root architecture is the difficulty of measuring and quantifying the three‐dimensional configuration of roots in soil. The objective of this work was to determine if fractal geometry might be useful in estimating the three‐dimensional complexity of root architecture from more accessible measurements. A set of results called projection theorems predict that the fractal dimension (FD) of a projection of a root system should be identical to the FD of roots in three‐dimensional space (three‐dimensional FD). To test this prediction we employed SimRoot, an explicit geometric simulation model of root growth derived from empirical measurements of common bean (Phaseolus vulgaris L.). We computed the three‐dimensional FD, FD of horizontal plane intercepts (planar FD), FD of vertical line intercepts (linear FD), and FD of orthogonal projections onto planes (projected FD). Three‐dimensional FD was found to differ from corresponding projected FD, suggesting that the analysis of roots grown in a narrow space or excavated and flattened prior to analysis is problematic. A log‐linear relationship was found between FD of roots and spatial dimension. This log‐linear relationship suggests that the three‐dimensional FD of root systems may be accurately estimated from excavations and tracing of root intersections on exposed planes.
Patterns of color and nectar variation across an Ipomopsis (Polemoniaceae) hybrid zone
Authors: Meléndez‐Ackerman Elvia J.
Published: April 2006

Hybridization may uncouple adaptive trait combinations that are present in parental species. I studied variation in flower color and reward quality across a hybrid zone of Ipomopsis aggregata and I. tenuituba. Individuals from hybrid populations showed considerable variation in flower color using corolla reflectance measurements. Flower spectra of such individuals were either intermediate or else resembled those flowers from the parental species. Ipomopsis aggregata populations had consistently higher nectar production rates and higher nectar standing crops than either I. tenuituba or hybrids. Ipomopsis aggregata flowers also produced more dilute nectar than those of hybrids and I. tenuituba, but the actual concentration values were quite variable among populations of the same type. Overall, the nectar quality of hybrid flowers most resembled that of I. tenuituba flowers. Based on the observed interpopulation patterns of color‐reward associations in this hybrid zone, pollinators should be able to discriminate against I. tenuituba and hybrid populations and against most individuals within hybrid populations. However, they may visit those hybrids that resemble the most rewarding flower type (I. aggregata). The results emphasize the need for studies that address how hybridization affects subsequent plant fitness and the evolutionary dynamics of the species involved.